When a homeowner in Port St. Lucie passes away without a valid will, family members may be left wondering what will happen to the deceased’s house. In Florida, dying without a will is known as dying “intestate.” In these situations, state law—not the deceased person’s wishes—determines who inherits the property at issue.
The first question is how the home was titled. If the property was owned jointly with rights of survivorship or held by a married couple as tenants by the entirety, ownership may automatically pass to the surviving owner outside of probate. However, if the deceased person owned the home solely in their name, the property will typically become part of the probate estate.
When probate governs what happens next
Florida’s intestate succession laws establish who inherits when there is no will. In some cases, a surviving spouse may inherit the entire estate. In others, particularly when the deceased had children from a previous relationship, the home and other assets may be divided among multiple heirs. The specific outcome depends on the family’s circumstances and the relationships of the surviving relatives.
A house that becomes part of a probate estate cannot simply be sold or transferred immediately after death. The probate court must appoint a personal representative to administer the estate. This individual is responsible for identifying assets, addressing valid debts and ultimately distributing property according to Florida law.
Port St. Lucie families are often surprised to learn that multiple heirs can inherit ownership interests in the same property. When siblings, children or other relatives inherit a home together, disagreements sometimes arise regarding whether the property should be sold, rented or retained. And, depending on the circumstances, special constitutional and statutory rules may affect how a homestead property passes to a surviving spouse or children. These rules can significantly influence the outcome of a probate case.
Given all that is at stake in an intestate home ownership scenario, taking a DIY approach to questions and concerns is generally unwise. Seeking legal guidance to help resolve issues involving inherited real estate is, generally, therefore advisable.