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Tampa Estate Planning Attorneys > Blog > Wills > What Happens If Someone Dies Without A Will In Tampa?

What Happens If Someone Dies Without A Will In Tampa?


The loss of a loved one is always devastating. Unfortunately, in the aftermath of their death, there are practical matters that must be addressed. This includes settling their estate. A will acts as your guide through this process. Our Tampa wills attorney explains what can happen if you fail to put one in place.

Why Having A Will in Tampa Is So Important

A will is one of the most basic yet important estate planning documents. Unfortunately, many people never take the time to create one. In the event the unexpected happens, this can put their loved ones in a difficult place.

While still grieving your loss, they will need to address important financial matters pertaining to your estate. If you own homes, cars, antiques or other valuables, shares in business, money in bank accounts, and other property or assets, your will acts as a guide through Hillsborough Probate Court processes, ensuring everything is handled according to your wishes.

Creating a will in Tampa allows you to specify the type of funeral and burial arrangements you want. It also helps in addressing important matters required to legally close your estate. This includes:

  • Provides a formal accounting of all estate assets and where they are located;
  • Provides the names of any outstanding creditors and anyone who may owe you money;
  • Provides a list of all beneficiaries or those you wish to inherit from your estate;
  • Determines how estate property and assets are divided between them.

A will gives you a voice in handling the above or other final affairs. If you do not create a will, this is referred to as dying intestate. In addition to making the probate court process more time-consuming and expensive, it also increases the odds of disputes among your beneficiaries.

Legal Processes If You Die Intestate

If you die without creating a will in Tampa, your estate is subject to the rules of intestate succession, which are listed under the Florida Statutes. Basically, rather than distributing property and assets according to your wishes, the following state laws apply:

  • If you are married, all property and assets you possess go directly to your spouse;
  • If you are unmarried but have children, everything goes to them;
  • If you have children from a prior relationship and a new spouse, your estate is divided between them;
  • If you are unmarried and have no children, your estate goes to your parents;
  • If your parents are deceased, your estate goes to siblings or to their children, if they are deceased.

If you do not have any blood relatives, your estate will escheat, which means pass, through the probate court and on to the State of Florida.

Contact Our Tampa Wills Attorney Today 

If you do not have a will or need an old one updated, reach out to Strategic Counsel Law Group, L.C. To get the trusted legal guidance you need, contact our office and request a consultation with our Tampa wills attorney today.




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