Probate Without a Will in Boca Raton: Who Inherits Under Florida Law

When a Boca Raton resident passes away without a valid will, Florida does not let the estate go to the state in most cases. Instead, a set of default rules called intestate succession decides who inherits. Here is what that means for families navigating it for the first time.

What “Intestate” Means

Dying “intestate” simply means dying without a valid will. When that happens, the Florida Probate Code (Chapters 731-735) supplies a built-in plan. The catch is that the plan reflects the legislature’s assumptions about who you would want to inherit, which may not match what your loved one would have actually chosen.

Florida’s Order of Inheritance

Florida law sets a clear hierarchy. In simplified terms:

• Spouse and no descendants: the surviving spouse inherits everything.
• Spouse and shared children only: the spouse generally inherits everything if all descendants are also the spouse’s.
• Spouse plus children from another relationship: the estate is typically split, with the spouse receiving one half and the descendants sharing the other.
• No spouse: the estate passes to descendants, then to parents, then siblings, and outward through the family tree.

This frequently surprises blended families in Boca Raton, where a second marriage and stepchildren are common.

The Homestead Factor

A primary residence in Boca Raton is often the estate’s biggest asset, and Florida treats homestead specially under Article X, Section 4 of the Constitution. When there is a surviving spouse and minor children, special homestead rules can control how the home passes and limit who can receive it, sometimes giving the spouse a life estate with the remainder to the children. These rules can override the ordinary intestacy split, so the house rarely follows the simple percentages above.

Who Runs the Estate

With no will, there is no named executor. Florida law sets a priority for who can be appointed personal representative: usually the surviving spouse first, then a person chosen by a majority of the heirs, then an heir. That person petitions the Palm Beach County probate court, is appointed, and receives Letters of Administration to administer the estate.

What Still Passes Outside Probate

Even without a will, many assets bypass intestacy entirely:

• Life insurance and retirement accounts with named beneficiaries
• Payable-on-death and transfer-on-death accounts
• Jointly owned property with rights of survivorship
• Property held in a revocable living trust (Chapter 736)
• Homes transferred by a Lady Bird (enhanced life estate) deed

These pass by their own terms, no matter what intestacy says, which is why beneficiary designations matter so much.

No State Death Tax, But Still Work to Do

One piece of good news: Florida imposes no state estate or inheritance tax, so heirs do not face a Florida death tax. Still, the estate must be opened, creditors notified, and title transferred through the court before anyone inherits.

The Takeaway

Without a will, you lose the ability to choose your heirs, your executor, and how your Boca Raton home is handled. The fix is straightforward while you are living: a simple estate plan, even a basic will or revocable trust, replaces these defaults with your actual wishes.

This article is general information, not legal advice. Intestacy outcomes and homestead rules depend on your family’s specific facts. To administer an estate without a will, or to create a plan that avoids intestacy, consult a licensed Florida estate attorney serving Boca Raton.