No Will in Miami? A Checklist for Florida Intestate Probate

When someone dies in Miami without a valid will, they’re said to die intestate. The estate still goes through the Eleventh Circuit’s probate division—there’s no shortcut for not having a will. Instead of the decedent’s wishes, Florida’s intestacy statute (§§732.101–732.111) supplies a default plan. Here’s how to navigate it.

Step 1: Understand who inherits under Florida law

Florida’s intestate scheme is specific and sometimes surprising to families:

• Spouse, no descendants: the spouse takes everything.
• Spouse and descendants who are all shared with that spouse (and the spouse has no other children): the spouse takes everything.
• Spouse plus descendants from another relationship (on either side): the spouse takes half, the descendants split the other half.
• No spouse: descendants inherit; if none, the estate climbs to parents, then siblings, and outward.

Note what’s missing: an unmarried partner inherits nothing under intestacy. Given how many Miami couples cohabit without marrying, this catches families off guard.

Step 2: Open formal administration and appoint a representative

With no will, there’s no nominated personal representative. Florida §733.301 sets the priority: the surviving spouse first, then the person selected by a majority of the heirs, then the heir nearest in degree. Expect the court to require this person to post a bond unless the heirs waive it.

Step 3: Protect the homestead—it has its own rules

Florida homestead (Art. X, §4) does not follow the intestacy chart cleanly. If the decedent leaves a spouse and descendants, the spouse takes a life estate in the Miami homestead with a remainder to the descendants—or may elect a one-half tenancy-in-common interest instead. Homestead also stays protected from most creditors as it passes. Determine homestead status before assuming who owns the house.

Step 4: Inventory exempt and non-probate property

Some assets bypass intestacy entirely: jointly held property with survivorship, payable-on-death accounts, and life insurance or retirement accounts with named beneficiaries. A funded revocable trust (Chapter 736) also avoids probate. What remains in the decedent’s sole name is what the intestacy statute governs.

Step 5: Check whether summary administration fits

Even without a will, an estate with $75,000 or less in non-exempt assets—or where death occurred more than two years ago—may qualify for summary administration, sparing the family the full formal process.

A note on taxes and timing

Florida imposes no state estate or inheritance tax, so dying intestate doesn’t trigger a Florida death tax. The main cost is time: locating heirs, especially in Miami’s internationally connected families, can extend the process.

Consult a Florida attorney

Intestacy outcomes rarely match what families expected. Before distributing anything, a licensed Florida probate attorney can confirm the heirs, the homestead result, and the right administration track for your Miami-Dade estate.