DeLand Intestate Succession Lawyer
A Volusia County family recently learned the hard way what happens when a parent passes away without a will. The deceased owned a modest home near downtown DeLand, a savings account, and a small collection of personal property. Three adult children assumed the assets would be divided equally, but when one sibling had a falling out with the others years prior, complications emerged quickly. Without clear written instructions from the deceased, Florida’s intestacy laws took over, and the family found themselves in Volusia County Circuit Court spending months and thousands of dollars sorting out what could have been resolved in an afternoon with proper planning. If you are dealing with a similar situation, a DeLand intestate succession lawyer from Bundza & Rodriguez, P.A. can help you understand your rights and what to expect during this process.
What Intestate Succession Actually Means in Florida
When someone dies without a valid will, they are said to have died “intestate.” Florida Statutes Chapter 732 governs how that person’s property is distributed, and the rules are more rigid than most families expect. The state essentially writes a will for the deceased based on a predetermined formula, one that does not account for personal relationships, informal agreements, or individual wishes expressed verbally over the years. The court does not know that one child was the sole caregiver for the last five years or that the deceased wanted a grandchild to inherit a specific piece of property.
The intestate succession framework prioritizes surviving spouses and lineal descendants first. If a person dies leaving a spouse and children who are also the spouse’s children, the surviving spouse inherits everything. However, if the deceased had children from a prior relationship, the surviving spouse receives half of the estate and those children share the other half. This is one of the most commonly misunderstood aspects of Florida intestacy law, and it routinely catches blended families off guard. When there is no surviving spouse and no descendants, the estate passes to parents, then siblings, then more distant relatives according to a specific hierarchy defined by statute.
The law also draws a firm line between probate assets and non-probate assets. Life insurance with a named beneficiary, jointly held property with right of survivorship, and retirement accounts with designated beneficiaries typically pass outside of probate entirely, regardless of what intestacy law would otherwise dictate. Understanding which assets fall into which category is one of the first steps an experienced attorney will take when evaluating your situation.
How the Intestate Probate Process Unfolds in Volusia County
Once someone dies intestate in DeLand or elsewhere in Volusia County, the estate generally must pass through Florida’s probate process before assets can be legally transferred to heirs. The Volusia County Circuit Court, located at the Courthouse Annex at 101 North Alabama Avenue in DeLand, is where intestate probate proceedings are filed. The process begins with the appointment of a personal representative, known in other states as an executor. Since there is no will to name one, the court applies a priority list under Florida law, typically beginning with the surviving spouse and then moving through other heirs.
After appointment, the personal representative must gather and inventory all probate assets, notify creditors, publish a notice to creditors in a local newspaper, and address any legitimate claims against the estate before distributing anything to heirs. Florida law gives creditors a window of time to come forward after notice is published, and debts, including medical bills, taxes, and secured loans, must be satisfied before any distribution occurs. For estates with significant debt or complicated asset structures, this phase can become contentious and drawn out without proper legal oversight.
Florida recognizes two primary probate procedures: formal administration and summary administration. Summary administration is available when the estate’s probate assets are valued at $75,000 or less, or when the decedent has been dead for more than two years. Formal administration is required for larger or more complex estates. An attorney can evaluate which process applies to your situation and ensure that all filings meet the court’s procedural requirements from the start, avoiding costly delays that arise from improper submissions.
When Disputes Arise Over Intestate Estates
Intestate estates tend to generate disputes at a higher rate than estates with clearly drafted plans, and the DeLand attorneys at Bundza & Rodriguez, P.A. have seen this pattern repeat across Volusia County families. When there is no will to point to, siblings argue over who should serve as personal representative, estranged relatives resurface to claim their statutory share, and creditors become more aggressive in pressing claims. Any of these dynamics can bring the entire distribution process to a halt.
One particularly consequential area of dispute involves whether certain property transfers made before death were legitimate gifts or improper transfers designed to reduce the estate. If a family member received large sums of money or property in the months before the decedent died, other heirs may have grounds to challenge those transfers, especially if diminished mental capacity or undue influence was involved. Florida courts take these allegations seriously, and pursuing or defending against them requires both a command of probate litigation procedure and an understanding of the evidentiary standards involved.
Bundza & Rodriguez, P.A. was founded in 2007 by attorneys Corey Bundza and Michael Rodriguez, both long-time Volusia County residents. Their firm handles estate litigation and probate matters with the same aggressive, client-focused approach they apply to every area of practice. Unlike many law firms, your case is always handled directly by an attorney, not delegated to a case manager or paralegal. That level of personal attention matters enormously when family relationships and financial futures are on the line.
The Unusual Side of Intestate Succession: What Most People Don’t Expect
Most people assume intestate succession is straightforward. The money gets divided and everyone moves on. But Florida’s intestacy laws contain provisions that regularly produce outcomes families never anticipated. One example involves half-siblings. Under Florida law, half-siblings inherit equally with whole siblings when it comes to their parent’s estate. Many families are unaware of this, and discovering a half-sibling’s existence at probate, sometimes for the first time, can upend expectations entirely.
Another underappreciated element is the treatment of advancements. If a parent gave one child a large sum of money during their lifetime intending it as an advance on their inheritance, that amount may need to be credited against that child’s share of the estate. However, proving the intent behind such a transfer requires clear and convincing evidence, which is rarely as straightforward as the family assumes. What one sibling calls a loan, another calls a gift, and a third considers an advance. These disagreements land in courtrooms with some regularity.
Florida also does not recognize common-law marriages formed after January 1, 1968. This means a long-term partner who never legally married the decedent has no inheritance rights under intestate succession, regardless of how many years they shared a home or finances. In some cases, equitable claims or other legal theories may be available, but relying on intestacy law alone will leave an unmarried partner with nothing. This reality underscores why proactive estate planning with a knowledgeable attorney remains far preferable to any outcome a court will impose after death.
DeLand Intestate Succession FAQs
What happens if there is no surviving spouse and no children?
When a person dies intestate without a spouse or descendants, Florida law looks first to the decedent’s parents. If neither parent survives, the estate passes to the decedent’s siblings in equal shares. If siblings have predeceased but left children, those nieces and nephews may inherit through a process called per stirpes distribution. The further you move down the line, the more important it becomes to have an attorney trace the family tree and verify proper legal standing for each potential heir.
Can a child be excluded from an intestate estate?
Under Florida’s intestacy laws, all legally recognized children, including adopted children and children born outside of marriage if paternity is established, share equally. A parent cannot informally disinherit a child through intestacy because there is no document expressing that intent. The only way to deliberately exclude someone from an inheritance is through a carefully drafted will or trust.
How long does intestate probate typically take in Volusia County?
The timeline varies based on estate complexity, whether disputes arise, and how responsive heirs and creditors are during the process. Simple summary administration proceedings can sometimes conclude within a few months. Formal administration for larger or contested estates frequently takes a year or longer. Working with an experienced probate attorney helps ensure the process moves as efficiently as the circumstances allow.
Do all assets have to go through probate if someone dies intestate?
No. Assets that have named beneficiaries, are held jointly with right of survivorship, or are structured as payable-on-death accounts pass directly to the designated recipient regardless of intestacy law. Only assets titled solely in the decedent’s name and lacking a beneficiary designation typically enter the probate estate and become subject to Florida’s intestate succession rules.
What if the decedent had property in another state?
Real property is generally governed by the laws of the state where it is physically located. If the decedent owned land or a home outside of Florida, an ancillary probate proceeding may be necessary in that state in addition to the Florida probate. An attorney can help coordinate these proceedings and determine how each state’s intestacy laws apply to the respective properties.
Can intestate proceedings be challenged by someone who claims they were promised assets?
Verbal promises to leave property to a specific person are generally not enforceable in Florida probate. Courts apply the statute of frauds and probate-specific evidentiary standards strictly. However, if there is evidence of a written agreement or if a valid claim for unjust enrichment or constructive trust can be made, alternative legal theories may provide a path forward. These situations require skilled legal analysis rather than assumptions about what the law will allow.
Serving Throughout DeLand and Surrounding Communities
Bundza & Rodriguez, P.A. serves clients across Volusia County and throughout Florida, including families in DeLand, Daytona Beach, Orange City, Deltona, and the communities stretching west toward the St. Johns River corridor. The firm works with clients from Deland’s historic downtown neighborhoods near Stetson University, as well as those in the growing residential areas of Lake Helen, Cassadaga, and Enterprise. Families in Edgewater and New Smyrna Beach frequently turn to the firm when estate and probate matters require experienced legal counsel beyond what a general practice can offer. Whether your family is concentrated in a single community or spread across multiple cities in Volusia and Flagler Counties, the attorneys at Bundza & Rodriguez are accessible and prepared to serve your needs, with evening and weekend consultations available when standard business hours don’t work for your schedule.
Contact a DeLand Intestate Succession Attorney Today
The difference between families who hire an experienced DeLand intestate succession attorney and those who try to manage the process alone is often measured in months of delay, thousands of dollars in avoidable costs, and relationships that might otherwise have survived the process intact. Attorneys Corey Bundza and Michael Rodriguez have built their practice on providing every client with direct attorney representation, substantive legal guidance, and the willingness to litigate when the situation demands it. All initial consultations are free, and the firm accepts multiple forms of payment for estate and probate matters. Reach out to the team at Bundza & Rodriguez, P.A. today and take the first step toward resolving your family’s estate matter with clarity and confidence.
