If there is a surviving spouse AND surviving descendants, and either the decedent or the surviving spouse has children with anyone from outside the current marriage, then the surviving spouse is entitled to fifty percent (50%) of the probate assets, and all the decedent’s children will split the remaining fifty percent (50%).If there is a surviving spouse AND surviving descendants, and all the decedent’s children are related to the surviving spouse (and the surviving spouse has no children from anyone other than the decedent), then the surviving spouse will receive the entire probate estate.The surviving spouse receives the entire estate if there are no living descendants.If there is no Will, assets are distributed according to specific intestate rules in Chapter 732: The “intestate” rules, are basically the guidelines for identifying the default heirs to an estate, in the event a person passes without a Will, which happens quite often. When someone dies without a valid Will, Chapter 732 determines how the estate will be distributed according to “intestate” succession rules. This critical section of Florida Probate Code covers many topics.

Probate Code Chapter 732: Intestate Succession and Wills Alternatively, creditors may file caveats only after death. A caveat can be filed by any interested party, such as a family member, before or after someone has died. If necessary, a report or record of a government agency that the individual is presumed dead can be used.Ĭhapter 731.110 allows anyone who believes that an estate will be administered, or that a last will and testament may be admitted to probate without their knowledge, can file a caveat.īy filing a caveat, the court is put on notice that you are an interested party, and requires that the clerks mail you notice of any petitions that are deposited, prior the judge issuing any court orders. Probate Code Chapter 731: General ProvisionsĬhapter 731 provides several general provisions for probate in Florida, as well as definitions of specific terms commonly utilized during the probate process, such as “claim”, “devisee” and “beneficiary.”Ĭhapter 731.103 allows an authenticated copy of a death certificate to be used as evidence of death. It is always recommended that you consult with an experienced Florida probate attorney to understand the laws, rules, and rights of beneficiaries under Florida probate law. The following is an overview of important sections of Florida Probate Code (Chapters 731 through 740) in addition to other relevant areas of Florida law applicable to the probate process. When someone passes away, the Florida Probate Code governs every step of the probate process, which would include notification of creditors, determining how creditors are paid, assets are distributed, identifying beneficiaries via rules of succession, and even determining reasonableness of probate attorney fees. It’s important to note, that after someone’s passing, a probate will not always be required, and not every asset must be included in the probate process or governed by the Florida Probate Code. An even simpler explanation for probate, is the process necessary to retitle assets out of the name of a decedent, and into the names of the correct beneficiaries. Probate is the legal process in which a decedent’s estate is distributed to beneficiaries according to a last will and testament, or in the event there is no last will and testament, to the heirs determined by Florida intestate rules.

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