Detailed Answer
When someone dies without a valid will in Florida, the Probate Code (Chapter 732) governs how their estate passes to heirs. To determine your father’s intestate heirs, follow these steps:
- Check for a surviving spouse: If your father was married at his death, his spouse inherits first. Under Florida Statute § 732.102, the spouse may take the entire estate or share it with descendants, depending on who survives.
- Identify lineal descendants: Children (including adopted children) inherit equally. If your father had children but no spouse, they split the estate per Florida Statute § 732.103. If both spouse and descendants survive, the spouse takes one-half (if all descendants are also descendants of the spouse) or one-third (if some are not).
- Consider parents and siblings: If no spouse or descendants survive, parents inherit equally under § 732.104. If none, siblings or their descendants inherit under § 732.105.
- Create a family tree: List relatives in priority order—spouse, children, grandchildren, parents, siblings, nieces/nephews. Confirm relationships with birth, marriage, and adoption records.
- File for probate administration: Petition the circuit court where your father lived. The court will review the family tree, appoint a personal representative, and officially name heirs.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified probate attorney to address your specific situation.
Helpful Hints
- Gather certified vital records (birth, marriage, death certificates) to prove relationships.
- Check for adopted or predeceased children with rights of representation (“per stirpes”).
- Search for a surviving spouse’s marriage certificate and divorce records.
- Use online probate forms available from your local circuit court’s website.
- Consider hiring a probate attorney if the family tree is complex or assets are substantial.
- Keep an organized family chart to present clear evidence to the court.