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What happens if a person dies in Florida with no Will?

Posted by attorney Donald Lins

One of the first matters which needs to be determined when a person dies in Florida is whether the estate is testate, i.e. if there is a valid Last Will and Testament, or is intestate, i.e. there is no Will. If the estate is intestate, then Florida law determines the issues which the Will would normally address. For example, a person’s Will normally addresses who will serve as Personal Representative (sometimes referred to as the “executor") and who are the beneficiaries of the Estate. However, if there is no Will or the Will is found to be unenforceable, then Florida law governs these issues. If there is no Will, a probate can still proceed but the outcome and the steps necessary for completion will likely take longer and may produce different results than if there is a Will.

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