Losing a loved one is never easy. Along with the grief, families often face the added burden of managing an estate through Florida’s probate system. This challenge becomes even more complicated if the person passed away without a will, also known as dying “intestate.”
When there is no valid will, Florida intestacy laws determine who inherits the estate — not the wishes of the deceased. While the law provides a clear order of succession, the probate process itself can be overwhelming. Working with an experienced probate lawyer in Florida can save you time, reduce conflict, and ensure the estate is handled properly.
At the Law Office of Michael Heider, we bring 15+ years of expertise in Florida probate law. As both a Certified Public Accountant (CPA) and attorney, Michael Heider provides clients with trusted legal counsel, personalized probate services, and comprehensive estate solutions.
Understanding intestate Probate in Florida
When someone dies without a will, the probate court appoints a personal representative (often a family member) to manage the estate. This includes:
- Identifying and securing assets
- Paying outstanding debts and taxes
- Distributing property to rightful heirs
Distribution depends on Florida’s intestate succession statutes:
- Surviving spouse only: The spouse inherits the entire estate.
- Children only: Children inherit equally. Descendants of a deceased child inherit their parent’s share.
- Spouse and children: Division depends on whether the spouse is the parent of all children and whether children are from other relationships.
- No spouse or children: Property may pass to parents, siblings, or even distant relatives.
Because these rules can be complex, an experienced Clearwater probate attorney can help ensure compliance with state law and protect your inheritance rights.
Avoiding family conflict and disagreements
The absence of a will often leads to confusion — and sometimes conflict. Disputes may arise over:
- Who should serve as personal representative
- How assets should be divided
- Whether all heirs are being treated fairly
A trusted probate lawyer in Florida acts as a neutral guide, helping families resolve disagreements and ensuring the estate is distributed transparently under Florida law. This can help prevent emotionally draining litigation and preserve family relationships.
Why do you need a Probate Lawyer in Florida?
The probate process can be overwhelming, especially while you are grieving. A lawyer can:
- Interpret Florida’s intestacy laws
- File petitions and required court documents
- Manage communications with creditors, banks, and government agencies
- Ensure fair distribution of assets
- Prevent costly mistakes and delays
With professional guidance, families can navigate probate more smoothly and avoid unnecessary stress.
Practical steps if a loved one dies without a will in Florida
If you’re facing probate, here are some steps to take immediately:
- Obtain the death certificate – Request multiple certified copies.
- Gather key documents – Collect deeds, financial statements, and insurance policies.
- List all heirs – Note surviving spouses, children, and descendants.
- Identify Florida property – Probate is required for property located in Florida, even if the deceased lived elsewhere.
- Contact a probate lawyer – Seek legal guidance to avoid delays and mistakes.
- File for probate – A lawyer will prepare the petition and represent your interests in court.
These steps ensure compliance with Florida law and help the process move forward smoothly.
Compassionate guidance when you need it most
The probate process is demanding, but you don’t have to go through it alone. With decades of combined experience, our dedicated team offers trusted legal counsel in probate, estate planning, elder law, and Medicaid solutions.
📞 Call 727-235-6005 today for a free initial phone consultation with a Clearwater probate lawyer. You can also schedule a consultation online.