When a loved one passes away, Florida’s probate process helps ensure their assets are distributed according to their will or, if there is no will, according to state law. However, when a beneficiary named in the will dies before or during the probate process, things become more complex. Understanding how Florida handles this situation can help families prepare for what comes next. At Fischler, Friedman, & Bennett P.A., we assist the Fort Lauderdale community with navigating these challenging issues and ensuring the estate is administered properly.

What Happens if a Beneficiary Dies Before the Testator?

If a beneficiary dies before the person who created the will (the testator), the gift they were meant to receive may be affected by Florida’s anti-lapse statute. Under this law:

• If the deceased beneficiary was a blood relative of the testator (such as a child, sibling, or grandchild), their share may pass to their own descendants.
• If the beneficiary was not a relative, the gift typically becomes part of the estate’s residuary or is distributed according to other will terms.

This rule helps keep assets within the family when possible, but it depends heavily on the relationships involved.

What If the Beneficiary Dies After the Testator?

If a beneficiary outlives the testator but dies before probate concludes, their share may still vest. Florida law generally treats the gift as belonging to the deceased beneficiary’s estate, meaning:

• The beneficiary’s own heirs or beneficiaries may inherit the asset.
• The personal representative of the deceased beneficiary’s estate may need to participate in the probate process.

This can introduce additional steps or even require a second probate.

How the Will’s Language Affects Distribution

Many wills contain specific instructions for what should happen if a beneficiary is no longer living. Common clauses include:

• “Per stirpes” distribution, meaning the beneficiary’s share passes to their descendants.
• “Per capita” distribution, meaning shares may be divided equally among surviving named beneficiaries.
• Contingent beneficiaries, who inherit if the primary beneficiary is deceased.

If the will is silent, Florida statutes govern how assets are handled.

Situations That May Require Additional Probate Steps

When a beneficiary has died, probate may involve:

• Identifying substitute heirs through the anti-lapse statute
• Opening a probate case for the deceased beneficiary’s estate
• Locating additional heirs who may now have inheritance rights
• Distributing assets differently than originally expected

This can lengthen the process and increase court involvement, making it especially important to work with legal counsel.

Why Legal Guidance Matters

When a beneficiary dies, Florida probate rules become more detailed and less predictable. The personal representative must follow the will carefully, comply with state law, and ensure all newly involved heirs are identified and notified. At Fischler, Friedman, & Bennett P.A., we assist the Fort Lauderdale public in navigating these situations so that the estate can be administered correctly and with minimal stress to the family.