Probate When There Is No Will: A Palm Beach Family Checklist

When a Palm Beach resident dies without a valid will, Florida law decides who inherits. This is called dying “intestate,” and the rules live in Chapter 732 of the Florida Probate Code. The court does not improvise; it follows a fixed order of heirs. Here is a practical checklist for families working through a no-will estate in Palm Beach County.

Step 1: Confirm There Really Is No Will

Before assuming intestacy, search thoroughly. Check the decedent’s home, a safe deposit box, and ask their attorney or financial advisor. Under Florida law (§732.502), a valid will must be signed by the testator and two witnesses. If you find a signed, witnessed document, it likely controls and this checklist does not apply. Any original will must be deposited with the Clerk of the Circuit Court in Palm Beach County within 10 days of learning of the death.

Step 2: Identify the Heirs Under Florida’s Intestacy Order

Florida §§732.102 and 732.103 set the order of inheritance:

• If there is a surviving spouse and no descendants, the spouse takes everything.
• If the spouse and decedent share all the same descendants (and the spouse has no other children), the spouse still takes everything.
• If either spouse has descendants from another relationship, the estate is split: half to the spouse, half to the descendants.
• With no spouse, assets pass to descendants, then parents, then siblings, and outward to more distant relatives.

Step 3: Account for Homestead Protections

Many Palm Beach families own a primary residence, and Florida’s homestead rules (Article X, §4 of the state constitution) override normal intestacy. A protected homestead generally cannot be freely devised when there is a surviving spouse or minor child, and it passes outside the probate estate to heirs with strong creditor protection. Because Palm Beach property values are significant, getting the homestead characterization right is often the most important issue in the case.

Step 4: Open Administration and Appoint a Personal Representative

With no will, there is no nominated executor, so Florida §733.301 sets priority: the surviving spouse first, then the heir chosen by a majority of those entitled to the estate. The personal representative must usually be a Florida resident or a close relative, and most personal representatives are required to be represented by an attorney. The case is filed in the Palm Beach County probate division.

Step 5: Choose the Right Type of Administration

Florida offers two main paths. Summary administration may be available when the estate (excluding homestead) is worth $75,000 or less, or the death was more than two years ago. Larger estates typically require formal administration, with appointment of a personal representative, notice to creditors, and a final accounting. Many Palm Beach estates exceed the summary threshold once non-homestead assets are tallied.

Step 6: Remember What Intestacy Does Not Touch

Not everything flows through intestate probate. Assets with beneficiary designations (life insurance, retirement accounts), jointly titled property with rights of survivorship, payable-on-death accounts, and assets in a revocable trust (Chapter 736) pass outside probate. Property transferred during life by a Lady Bird (enhanced life estate) deed also avoids probate entirely.

A Note on Taxes

Families often worry about state death taxes. Florida has no state estate tax and no inheritance tax, so heirs in Palm Beach do not pay a state-level tax simply for inheriting.

Consult a Florida Probate Attorney

Intestate succession is rule-driven but rarely simple, especially when blended families, homestead property, or out-of-state heirs are involved. Before filing in Palm Beach County, speak with a licensed Florida probate attorney who can confirm the heirs, characterize the homestead, and choose the right form of administration for your situation.