Legal Question in Wills and Trusts in Florida

If there is no will and no spouse, then it goes to the child.

Any property will need to be probated. Check the Florida Bar's consumer pamphlet or the website for your local court. Regards,

Chapter 732, Sections 732.101 through 732.111 of the Florida Statutes are the sections of the Probate Code that governs how estates shall be distributed when there is not a will. Keep in mind that items such as life insurance policies and property held in joint ownership with right of survivorship clauses will pass to the beneficiary of record without the need for probate. Should you have further questions, please feel free to contact me.