Answers to Questions about Florida Will Law

The loss of a loved one is always difficult, and handling legal matters during that time can feel overwhelming. Reviewing a will or determining next steps often adds additional stress to an already emotional situation.

At Statewide Probate, we regularly answer questions about Florida laws related to wills and probate administration. Below are responses to some of the most common will-related questions our estate attorneys receive. You can also contact our Florida Probate Attorneys at (850) 776-5834 or (850) 202-8535 for guidance.

What If the Deceased Left No Will?

First, confirm that no will exists. Just because one is not immediately found does not mean it does not exist—it may be stored in a safe deposit box or among personal records. If the deceased clearly stated they did not have a will, you can generally rely on that.

If there is no will, Florida’s intestate succession laws determine how the estate is distributed. If there is a surviving spouse and no lineal descendants (children, grandchildren, or great-grandchildren), the spouse typically inherits the entire estate. If there are lineal descendants, the spouse generally receives at least half, with the remainder going to the descendants.

If there is no surviving spouse or descendants, the estate passes to the deceased’s parents. If no parents are living, it is distributed to other relatives, beginning with siblings. In many cases, intestate distribution may not reflect what the deceased would have intended, which is why having a will is important.

What If We Cannot Find the Original Will but Only a Copy?

This situation can create complications. Florida probate courts usually require the original will and will not accept a copy without additional legal proceedings.

To use a copy, the court typically requires a formal hearing with testimony and evidence to establish a “lost will.” This process can be both time-consuming and costly. If the will’s terms mirror what would occur under intestate succession, it may not be practical to pursue this process. However, if the will outlines a different distribution, establishing the lost will may still be necessary.

When Do Grandchildren Inherit a Share if There Is No Will?

Florida intestate succession follows a “per stirpes” system, meaning inheritance passes down family lines. However, the distribution stops once a living heir is identified in that line.

For example, if a property owner dies with three living children and one deceased child who has a surviving child, the estate is divided into four equal shares. Each living child receives one share, and the grandchild receives the share their deceased parent would have received. Grandchildren whose parents are still living do not inherit.

My Mother Left Everything to My Sister and Nothing to Me. Can She Do That?

In Florida, a parent can disinherit an adult child in a valid will. As long as there are no legal grounds to challenge the will, this type of distribution is permitted.

Minor children may still have certain legal rights, particularly when it comes to homestead property, which may limit how those assets are distributed.

Schedule a Free Probate Administration Consultation

While these answers address common concerns, every estate situation is unique. If you have additional questions or need guidance, our team is here to help.

To learn more about your options and how Statewide Probate can assist, schedule a free 20-minute consultation. We also offer cost-effective alternatives to standard probate fees.

We serve clients across Florida, including Pensacola, Miami, Fort Lauderdale, Orlando, Sarasota, and West Palm Beach.