What is the law of descent and distribution?
In Florida, the law of descent and distribution is the legal process that governs how an estate is divided among heirs in the absence of a valid will. When a person dies without a will, their estate is distributed according to a predetermined set of guidelines called intestacy laws. In Florida, the law of descent and distribution is outlined in Chapters 732 and 733 of the Florida Statutes, and is based on the order of inheritance. Generally, the surviving spouse is first in line to receive a share of the deceased’s estate. Following the spouse, children and grandchildren, then parents, siblings, and grandparents receive a share. Beyond these family relations, aunts, uncles, and other relatives in descending order may also be entitled to a share. The law of descent and distribution typically requires the estate to go through probate, a court-supervised process for validating a will and distributing assets. All legal heirs must be located and notified of their share. If an heir contests any part of the estate, the court will make a final decision following a hearing. Ultimately, the law of descent and distribution ensures that an estate is divided in an orderly manner that is in line with the deceased’s wishes.
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