What is the difference between heirship and intestacy?
Heirship and intestacy are important concepts in Florida’s inheritance law. Heirship is when the deceased leaves a valid will that clearly designates the recipients of the deceased’s assets. In other words, the deceased’s wishes regarding who will receive their assets are laid out in the will. In this case, probate court will uphold the will and transfer the assets accordingly. Intestacy, on the other hand, is a situation in which the deceased has not left a valid will. In such cases, the law assigns heirs based on a set of predetermined rules. In Florida, this means that the deceased’s assets will pass on to their closest living relative, such as spouses, children, parents, siblings, or grandchildren. In summary, heirship refers to a situation in which a deceased person has left a valid will, and intestacy refers to a situation in which no will has been left. In the case of heirship, the deceased’s wishes will be respected and their assets will be distributed accordingly. In the case of intestacy, the deceased’s assets will be distributed to their closest living relative in accordance with Florida’s inheritance laws.
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