Intestate Heirs Decision Tree for Florida Probate Assets

When a Florida resident dies without a valid will the probate estate is intestate and the probate assets generally pass to the intestate heirs. The Florida Probate Code sets forth who are the intestate heirs. The determination is made by a process with various levels of questions. Here is a decision tree that assists St. Petersburg Florida probate attorney James W. Martin in determining who are the intestate heirs of a Florida resident who dies without a valid will. This tree is based on the Florida Probate Code Chapter 732 on intestate succession and wills.

It is important to keep in mind that intestate heirs might not be entitled to receive homestead property, life insurance, retirement accounts, pay-on-death accounts, joint accounts and other assets that are not assets of the probate estate. The purpose of the diagram below is merely to assist the lawyer in determining who are the heirs and not necessarily who are entitled to the decedent’s assets.

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This page relates to one of the practice areas of St. Petersburg, Pinellas County, Florida lawyer James W. Martin. For other practice areas, click here.

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Disclaimer

This page was created for general background and educational purposes, is not legal advice, and does not create an attorney-client relationship.