A long-time Boca Raton resident passes away suddenly. He owned a home west of Federal Highway, a checking account, and a car — but no will. His adult children assume the state will “take everything.” That is a common fear, and it is wrong. Florida has a detailed plan for exactly this situation, called intestate succession, written into Chapter 732 of the Florida Probate Code. The state inherits only in the rare case where no living relatives can be found.
What “Intestate” Actually Means
Dying “intestate” means dying without a valid will. The estate still goes through probate in the Palm Beach County Circuit Court, but instead of following the decedent’s instructions, the court distributes assets according to a statutory order of relatives. The decedent loses the chance to name beneficiaries, guardians, or a specific executor — the law fills those gaps with defaults.
Who Inherits Under Florida Law
The distribution depends on who survives. Consider a few Boca Raton scenarios:
- Spouse, no descendants: the surviving spouse inherits everything.
- Spouse and children who are all shared: the spouse still takes the entire estate.
- Spouse plus children from a prior relationship: the spouse and descendants each take one-half. This blended-family split surprises many people.
- No spouse, only children: the children share equally.
- No spouse or descendants: the estate passes to parents, then siblings, then more remote kin.
The Homestead Complication
The Boca Raton house is rarely a simple asset. Under Article X, Section 4 of the Florida Constitution, a homestead receives special protection and passes outside the normal intestate rules when a spouse or minor child survives. If the decedent leaves a spouse and descendants, the spouse generally receives a life estate or, by election, a one-half interest as tenants in common, with the descendants taking the rest. Because homestead also shields the home from most creditors, getting this analysis right is one of the most important steps in a no-will estate.
Who Runs the Estate
Without a named executor, Florida law sets a priority for appointing the personal representative. The surviving spouse has first priority, followed by the person selected by a majority of the heirs, then the heir nearest in degree. The court issues Letters of Administration, and that person must qualify under Florida’s rules — nonresident representatives, for instance, must be closely related to the decedent.
Summary vs. Formal Administration
Not every intestate estate needs the full process. If the probate assets are worth $75,000 or less, or the decedent has been dead more than two years, the estate may qualify for summary administration — a faster, less expensive procedure. Larger estates with ongoing creditor or title issues typically proceed through formal administration, which involves appointing a personal representative and a longer timeline.
What Probate Does Not Touch
Many assets pass outside probate regardless of a will. Jointly titled bank accounts, payable-on-death designations, life insurance with named beneficiaries, and property held in a revocable trust under Chapter 736 transfer directly. So even an intestate Boca Raton estate may move much of its value without court involvement.
Intestate succession is predictable but easy to misapply, especially with homestead and blended families. If a loved one in the Boca Raton area died without a will, consult a licensed Florida probate attorney to confirm who inherits and which administration path fits.
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For more on our Florida practice, see our overview of probate in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
