Being married does not “automatically” mean that probate won’t be required and it does not mean that your spouse will inherit your assets.

Assets titled to a decedent, must be re-titled after death with or without a Last Will &
Testament. This can include bank accounts, automobiles, homes, real estate, boats, investment accounts, retirement accounts and life insurance policies without named beneficiaries, or retirement accounts and life insurance policies with named beneficiaries who predeceased.

A Last Will & Testament will be filed with the court and a probate case will be initiated for the re-titling of the assets in accordance with instructions in a valid will created by the decedent.

If there is no Last Will & Testament, the Florida Intestacy Statute 732.101 – 732.111
prescribes who will inherit the assets. 732.102(3) indicates that if the decedent has lineal descendants that are not descendants of the surviving spouse, then the surviving spouse’s share of the intestate estate is one-half. If the decedent and the surviving spouse have descendants together and the surviving spouse has descendants that are not descendants of the decedent, the surviving spouse’s share of the intestate estate is one-half.

732.102 Spouse’s share of intestate estate. —The intestate share of the surviving
spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.
(2) If the decedent is survived by one or more descendants, all of whom are also
descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
(3) If there are one or more surviving descendants of the decedent who are not lineal
descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also
descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
732.401 Descent of homestead. —
(1) If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested
remainder to the descendants in being at the time of the decedent’s death per stirpes.
(2) In lieu of a life estate under subsection (1), the surviving spouse may elect to take an undivided one-half interest in the homestead as a tenant in common, with the remaining undivided one-half interest vesting in the decedent’s descendants in being at the time of the decedent’s death, per stirpes.

Diana Mangsen focuses her practice as an elder law attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at
https://www.mangsenlaw.com/
or call (727) 888-6282.