{"id":4046,"date":"2026-10-25T03:06:20","date_gmt":"2026-10-25T03:06:20","guid":{"rendered":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/heirs-dispute-no-will-florida\/"},"modified":"2026-10-27T14:35:37","modified_gmt":"2026-10-27T14:35:37","slug":"heirs-dispute-no-will-florida","status":"publish","type":"page","link":"https:\/\/trustcounsel.com\/resources\/trust-litigation-attorney\/heirs-dispute-no-will-florida\/","title":{"rendered":"Heir Dispute No Will Florida | Trust Counsel, PL"},"content":{"rendered":"\n
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Probate Litigation | Coral Gables, Florida<\/p>

Disputes Among Heirs When There Is No Will in Florida<\/h1>

Trust Counsel, PL focuses on probate litigation for heirs and beneficiaries when a loved one dies without a will. Leslie V. Marenco and our team can help you understand your position and your options. Free first consultation: confidential, with no obligation to continue.<\/p>

Book a Free Strategy Call<\/a><\/div>
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By Leslie V. Marenco \u00b7 Published October 24, 2026<\/p>\n\n

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What Happens When Someone Dies Without a Will in Florida<\/h2>\n

When someone dies without a valid will, Florida law decides who inherits. Lawyers call this dying intestate. The rules sit in the Florida Probate Code and apply to any property the will does not effectively dispose of.<\/p>\n

Under Fla. Stat. \u00a7 732.101<\/a>, the decedent’s death is the event that vests the heirs’ right to that property. Heirs don’t need a will to have a claim. Their claim starts with the death itself.<\/p>\n

A court still supervises the process. Property held only in the decedent’s name usually goes through probate. The court-supervised process collects those assets, pays debts and hands the rest to the heirs.<\/p>\n

Many families first learn these rules during a stressful time. A missing will often leads to competing claims. Relatives may disagree about who counts as an heir, who should serve, or what belongs in the estate. Early questions matter most.<\/p>\n\n

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If a parent or sibling died without a will and relatives now disagree about the estate, we can talk through your family's situation with you. Talk it through with Trust Counsel, PL — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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Who Inherits Under Florida Intestacy Law<\/h2>\n

The surviving spouse’s share depends on whether the decedent left descendants, such as children, and whether those children are also the spouse’s. Under Fla. Stat. \u00a7 732.102<\/a>:<\/p>\n