My Parent/Spouse Just Died Without a Will

When a Florida parent dies without a will, all children—biological, adopted, and in some cases stepchildren—share the estate equally if there's no surviving spouse. If the deceased parent was married, the spouse's share depends on whether all children are from that marriage. If yes, the spouse inherits everything. If the deceased had children from another relationship, the spouse gets half and the children share the other half.

Children born outside marriage inherit from their mother automatically but from their father only if paternity was legally established. Adopted children have the same inheritance rights as biological children from their adoptive parents, but generally lose inheritance rights from biological parents. Stepchildren don't automatically inherit unless legally adopted.

If one of your siblings already died but had children, those grandchildren (your nieces and nephews) inherit their parent's share. Half-siblings inherit the same as full siblings. Children receive their inheritance once the estate administration completes, though minors' inheritances may require court-supervised management until they turn 18.

Start by thoroughly searching your father's home for financial documents, mail, and files—look for bank statements, investment reports, insurance policies, tax returns, and safe deposit box keys. Check his email for electronic statements and notifications from financial institutions. Review his tax returns, which often list interest income, dividends, and property that can lead you to undiscovered accounts.

Contact his employer about final paychecks, retirement accounts, and life insurance through work. Check with the Florida Department of Financial Services' unclaimed property division—many people have forgotten accounts. Search the National Association of Insurance Commissioners' life insurance policy locator if you suspect policies exist but don't know the company.

As personal representative, you can request account information from banks and investment firms once you have court-issued letters of administration. You're also entitled to his mail, which often reveals ongoing financial relationships. Consider hiring an attorney or estate administrator experienced in asset searches if you believe significant assets remain undiscovered.

You'll need the original death certificate (multiple certified copies), the deceased's Social Security number, and a complete list of their assets and debts. Gather property deeds, vehicle titles, bank statements, investment account statements, retirement account information, life insurance policies, and recent tax returns. You'll also need creditor information including mortgages, credit cards, loans, and outstanding bills.

For the court petition, you'll need identification for the person requesting to be personal representative and information about all legal heirs. The probate court will require a petition for administration, an oath, and a bond (unless waived). As administration proceeds, you'll need to file an inventory of estate assets, accounting of all financial transactions, and proof of notice to creditors. Documentation requirements vary based on estate size and complexity, so keeping detailed records from the start prevents problems later.

You cannot legally access someone else's bank accounts simply because they died—even if you're their child or spouse. Banks freeze accounts when notified of a death. To access these funds, someone must be appointed as personal representative through the probate court, which provides legal authority to manage estate accounts.

However, some accounts bypass probate entirely. If the account was jointly held with right of survivorship, the surviving account holder automatically inherits it. Accounts with designated beneficiaries (payable-on-death or transfer-on-death designations) go directly to those beneficiaries without court involvement. Life insurance and retirement accounts with named beneficiaries also transfer directly. Check with each financial institution about their specific requirements and whether the account must go through probate.

Florida's intestate succession laws automatically determine who inherits the deceased person's property. The distribution depends on what family members survive them. A surviving spouse receives different shares depending on whether there are children from other relationships. If there's no spouse, children inherit everything equally. Without children, parents inherit. If no close family exists, more distant relatives may inherit according to a specific order set by law. The probate court oversees this distribution, appoints someone to manage the estate, ensures debts and taxes are paid, and ultimately transfers assets to the rightful heirs. This court process provides legal protection but takes longer and costs more than estate administration with a will.