What Should I Do if My Parents Passed Away Without a Will in NC? - Florida
The Short Answer
In Florida, when someone dies without a valid will, their probate assets generally pass to their legal heirs under Florida’s intestate succession laws—not automatically to whoever is “handling things.” You will usually still need a probate process (or a limited alternative) to confirm who the heirs are and to transfer title to assets.
What Florida Law Says
If your parent died without a will, Florida treats the estate as “intestate.” That means any probate property not effectively disposed of by a will passes to the decedent’s heirs under the Florida Probate Code. The key legal issue is identifying what is actually a probate asset (versus assets that pass by beneficiary designation or joint ownership) and then determining who the heirs are under the statute.
The Statute
The primary law governing this issue is Fla. Stat. § 732.101.
This statute establishes that any part of a decedent’s estate not effectively disposed of by will passes to the decedent’s heirs as provided in the Florida Probate Code, and that the decedent’s death is the event that vests the heirs’ rights to intestate property.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Even when there is no will, estates can involve time-sensitive creditor issues, court deadlines, and asset-holder requirements that can delay or block transfers if mishandled.
- Burden of Proof: You may need admissible proof of death, family relationships, and which assets are probate vs. non-probate before banks, title companies, or the court will release or retitle property.
- Exceptions: Some property may not pass through intestacy at all (for example, assets with beneficiary designations), and in rare cases an estate can escheat to the state if there are no qualifying heirs under Florida law. See, e.g., Fla. Stat. § 732.107.
Trying to handle this alone can lead to avoidable disputes among family members, delays in accessing accounts, or mistakes that create personal liability for the person managing estate funds.
Get Connected with a Florida Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.
Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.