When a Miami resident dies without a valid will, Florida law — not the family — decides who inherits. These intestate estates carry their own rules, deadlines, and disputes. Our firm focuses on guiding heirs, surviving spouses, and personal representatives through Florida probate when there is no will to follow.
Intestate administration is governed by the Florida Probate Code (Fla. Stat. Chs. 731-735) and the intestate succession statutes in Chapter 732. Because no document names beneficiaries or an executor, the court applies a fixed statutory order of inheritance and appoints a personal representative based on statutory priority. We help families navigate that process in the Miami-Dade Probate Division.
What “Intestate” Means in Florida
A person dies intestate when they leave no valid will, or when a will fails to dispose of all property. Under Florida intestate succession, the surviving spouse’s share depends on whether the decedent had descendants and whether those descendants are also the spouse’s children. If there is no spouse, the estate passes to descendants, then to parents, then to siblings, and onward through the statutory chain. There is no concept of property simply going to “the closest relative” — the statute controls the order precisely.
Two Paths Through Probate
Florida offers two main administration types. Summary administration may be available when the estate (less exempt property) is worth $75,000 or less, or when the decedent has been dead more than two years. Formal administration applies to larger or more complex estates and requires appointment of a personal representative. We assess which path fits an intestate estate and handle the petitions, notices to creditors, and inventory.
Homestead and Exempt Property
Florida’s homestead protections under the state Constitution often control how a primary residence passes, sometimes overriding intestate shares. A surviving spouse may take a life estate with remainder to descendants, or elect a one-half tenancy in common. Certain personal property is also exempt from creditors. These rules frequently surprise families, and getting them wrong can cloud title for years.
The Spouse’s Elective Share
Even without a will, a surviving spouse has protections. The elective share under Fla. Stat. §732.2065 entitles a surviving spouse to 30% of the elective estate, which reaches beyond probate assets to certain trusts, jointly held property, and pay-on-death accounts. We evaluate whether electing increases what a spouse receives.
How We Help Miami Families
- Determining heirs under Florida intestate succession
- Petitioning for summary or formal administration
- Securing appointment of a personal representative
- Resolving homestead, exempt property, and creditor claims
- Handling heir disputes and accountings
We also assist families who do have estate documents — wills under §732.502, durable powers of attorney under Chapter 709, and trusts under Chapter 736 — and who want to avoid intestacy for the next generation.
Consult a Florida Attorney
This page is general information, not legal advice. Florida probate outcomes turn on specific facts, asset titling, and family structure. Speak with a licensed Florida attorney about your situation before acting. Contact our Miami office to discuss your intestate estate.
For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles how a will is contested in New York.