What happens to the surviving spouse in an intestate estate?

In Florida, the surviving spouse of an intestate estate is in a unique position when it comes to inheritance. Intestate succession laws in Florida dictate that the surviving spouse is entitled to a certain portion of the estate. This percentage is dependent on whether the deceased had children or not. If the deceased had children, then the surviving spouse is entitled to the entire first half of the estate, and then the other half will be divided up between the children. If the deceased did not have any children, then the surviving spouse will be entitled to the full estate. The surviving spouse does not have to take any action to inherit the estate; it is automatic. However, the surviving spouse may wish to waive this right if it is in the best interest of the estate. This can be done via a waiver of rights form which is completed and filed with the court. In addition to the estate, the surviving spouse may also be entitled to certain benefits from the deceased’s Social Security or pension fund. These are separate from the estate, and the surviving spouse will need to file a separate claim to receive these benefits. In Florida, intestate succession laws ensure that the surviving spouse of an intestate estate is taken care of in the event of the death of the other spouse. Depending on the circumstances, the surviving spouse may be entitled to a portion or the full estate, as well as other benefits.

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What happens to the surviving spouse in an intestate estate?

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