{"id":6511,"date":"2022-03-11T08:45:00","date_gmt":"2022-03-11T13:45:00","guid":{"rendered":"https:\/\/yourfloridaprobatelawyer.com\/?p=6511"},"modified":"2022-03-03T04:18:23","modified_gmt":"2022-03-03T09:18:23","slug":"who-is-next-of-kin-in-florida","status":"publish","type":"post","link":"https:\/\/yourfloridaprobatelawyer.com\/who-is-next-of-kin-in-florida\/","title":{"rendered":"Who is Next of Kin in Florida? – The Answers You Need"},"content":{"rendered":"\n

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Florida Statutes \u00a7744.102 (14) define that the next of kin “means those persons who would be heirs at law of the ward or alleged incapacitated person if the person were deceased and includes the lineal descendants of the ward or alleged incapacitated person.”<\/p>\n\n\n\n

When determining the next of kin, the court will start at the top of the list and work down the options until finding someone that survived the decedent who is qualified to execute the estate or serve as a guardian<\/a>.<\/p>\n\n\n\n

Who is Next of Kin in Florida? – Appointment of Personal Representative in Intestacy Cases<\/h2>\n\n\n\n

If the decedent died intestate (without a last will<\/a>), the court will appoint the personal representative based on the statutory order of preference for intestate estates.<\/p>\n\n\n\n

In this regard, Florida Statutes \u00a7733.301 (1)(b) set out the next of kin as the decedent’s surviving spouse. If the decedent had no spouse, the next of kin is the person selected by a majority in the interest of the heirs.<\/p>\n\n\n\n

However, if the heirs cannot choose properly, the next of kin will be the heir nearest in degree (of kinship). If more than one of the heirs apply for the role, the court will select the one best qualified.<\/p>\n\n\n\n

Who is Next of Kin in Florida? – Intestate Succession<\/h2>\n\n\n\n

When it comes to distributing the assets held in an intestate estate<\/a>, the primary next of kin will always be the decedent’s surviving spouse. In this sense, Florida Statutes \u00a7732.102 details the specific spouse’s share of the intestate estate in different scenarios.<\/p>\n\n\n\n

However, if the decedent died without a will and left no surviving spouse, Florida law provides a specific order outlining who should receive the decedent’s assets and the order of receipt.<\/p>\n\n\n\n

The letter of law provides that “the part of the intestate estate not passing to the surviving spouse (…), or the entire intestate estate if there is no surviving spouse, descends as follows:<\/p>\n\n\n\n