Is the surviving spouse always the first to inherit from an intestate estate?

In Florida, the surviving spouse is usually the first to inherit from an intestate estate. However, this is not always the case. Depending on whether or not the deceased had any children or grandchildren, the surviving spouse’s share of the estate may differ. If the deceased did not have any children, the surviving spouse inherits the entire estate. If the deceased had one or more children, then the surviving spouse is entitled to the first $60,000, plus one-half of the remaining estate. The children receive the other half. If the deceased had children who are grandchildren of the surviving spouse, then the surviving spouse gets the first $30,000, plus one-half of the remaining estate. The grandchildren get the other half. If the deceased is survived by a spouse, but also had surviving parents or grandparents, then the spouse inherits the first $60,000 plus one-third of the remaining estate. The parents or grandparents then split the other two-thirds. In short, the surviving spouse of a deceased person in Florida may not always receive the first inheritance from an intestate estate. It depends on the specifics of the estate and who else may be inheriting.

Related FAQs

Can a court order the division of an intestate estate?
Who can serve as the administrator of an intestate estate?
Are there any surviving relatives that are excluded from inheriting from an intestate estate?
What is the role of the probate judge in an intestate succession?
What happens to the assets in an intestate estate after the death of the deceased?
Can an intestate succession be appealed?
Does an intestate succession require probate court approval?
What taxes and expenses must be paid out of an intestate estate?
How is an intestate estate divided among multiple heirs?
How do state laws of intestacy apply to adopted children?

Is the surviving spouse always the first to inherit from an intestate estate?

Related FAQs

Related Blog Posts