First, be sure there is no will. Just because you do not quickly find a will does not mean there is not one in a safety deposit box or hidden with other papers. However, if the decedent stated before death that he or she had no will, then you can be fairly sure there was none. If there is no will, Florida has an “intestate succession” law which states that certain persons receive the estate. If there is a surviving spouse but no “descendants” (children, grandchildren, or great-grandchildren, natural or adopted), then the surviving spouse gets the entire estate. If there are lineal descendants, the surviving spouse gets a least half of the estate, but the descendants get some part also. If there is no surviving spouse and no lineal descendants, then the estate goes to any surviving parents of the decedent. If no parents, then to other relatives of the decedent starting with brothers and sisters. Many times this intestate estate is not exactly what the decedent would have wanted, which is one reason a will is a good idea.

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• Do I need to come back to Florida to probate my parent’s estate?
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