How can an intestate estate be distributed if there is no will?

In the state of Florida, if a person dies intestate—without a will—their estate will be distributed according to the state’s intestate succession laws. The intestate succession laws set forth how the deceased person’s assets will be distributed amongst the individuals who are in line to inherit the estate. The state of Florida follows a system of “per stirpes” distribution, meaning that the deceased person’s assets are first divided among the closest family members, such as the deceased’s spouse and children. If one of the deceased’s children is deceased, the estate is then passed to the children’s descendants, such as grandchildren. In the case that the deceased person does not have any surviving heirs, the estate is then passed to the deceased’s parents. If both of the deceased’s parents are deceased, the estate is then divided among the deceased person’s siblings. If all of the deceased’s siblings are also deceased, then the estate is passed to the deceased’s nieces and nephews. Finally, if the deceased person had no living family mentioned above, then their entire estate will pass to the state of Florida. Because of this, it is always strongly recommended that individuals create a valid will in order to ensure that the assets of the deceased person are distributed according to their wishes.

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