What Happens in Florida Probate When There is No Will and No Heirs?

When someone passes away without a will in Florida, the property in their estate must still be distributed. In these situations, the probate court will apply the intestacy laws to their estate. The intestacy laws primarily distribute property in an estate to close relatives such as the surviving spouse and children. However, how is property distributed when there are no identifiable heirs? Below, our New Port Richey probate lawyer explains in greater detail.

What are the Intestate Succession Laws in Florida?

When a person dies without a valid will in Florida, their estate is considered intestate. The intestate succession laws in Florida dictate who will inherit property in a prioritized order. The hierarchy outlined in the Florida Statutes is as follows:

• A surviving spouse
• The surviving children
• Parents of the deceased
• Siblings and their decedents
• Distant relatives such as grandparents, uncles, aunts, and cousins

The above order is mandatory. The court does not have the authority to consider verbal promises, friendships, or caregiver relationships.

What Happens When There are No Surviving Heirs?

When a person passes away without any of the legally recognized heirs listed above, the estate is classified as intestate with no heirs. In these rare cases, state law allows a process known as escheat.

Escheat refers to a process that transfers property to the state when there are no legal heirs. This is not an automatic process. Several important steps must be completed first and they include:

• Ruling out any potential heirs
• Addressing any creditor claims
• Probate administration has been completed fully

The Florida Constitution requires that after the above steps are completed, the remaining property in an estate is transferred to the State of Florida School Fund.

What Role Does the Probate Court Play in Escheat?

Estate without heirs are closely scrutinized by the probate courts in Florida. Before the court authorizes escheat, it requires proof that a reasonable and thorough search has been conducted to try and identify heirs. The personal representative, who is typically appointed by the probate court in these cases, may be required to take the following steps:

• Publish legal notices to potential heirs
• Hire professional investigators or genealogists
• Examine military or immigration documentation
• Review marriage, birth, and death records

Only after the above steps have been completed and the probate court is satisfied that no legal heirs exist will it allow the estate to escheat to the state.

Our Probate Lawyer in New Port Richey Can Provide Legal Guidance

Probate law is highly complex and estates without heirs receive additional scrutiny from the court. If you are a personal representative, creditor, or believe you may be an heir to an estate, our New Port Richey probate lawyer at Messina Law Group, P.A. can help. Call us now at (813) 492-7798 or chat with us online to schedule a consultation and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0733/0733ContentsIndex.html