WHAT HAPPENS TO PROBATE ESTATE ASSETS IF THERE IS NO WILL?
Contrary to the belief of some, the decedent’s assets are not turned over to the State of Florida unless no intestate heirs can be found. If there is no will, the assets of the decedent will be distributed to the intestate heirs as follows: • Surviving Spouse and No Lineal Descendants(e.g. children, grandchildren) . If there is a surviving spouse and no lineal descendants, the surviving spouse takes all. • Surviving spouse and lineal descendants. 1. If there is a surviving spouse and one or more lineal descendants (with the lineal descendants all being the lineal descendants of the surviving spouse as well as the decedent), the surviving spouse receives the first $60,000 of the probate estate plus one-half of the rest of the probate estate, and the lineal descendants share the remaining half. 2. If there is a surviving spouse and one or more lineal descendants (one or more of which lineal descendants are not also lineal descendants of the surviving spouse), the surviving spouse receive
Related Questions
- What happens if the estate has more than $100,000.00 in probate assets, not including the homestead, or has more than one creditor and there is no properly drafted will?
- If an estate requires probate is the family able to obtain assets from the estate before the probate is completed?
- What assets are included in the probate estate?
