What If a Beneficiary Dies Before Receiving Their Inheritance in Florida?

It’s a scenario most people don’t expect—but it happens more often than you might think.

A Will names someone to receive an inheritance, but before probate is finished, that person dies. Now what?

Does the gift disappear? Does it go to someone else? Does the beneficiary’s own family inherit it?

The answer depends on timing, the terms of the Will, and Florida law. At Vollrath Law, we help families handle situations like this every day. Below, we’ll explain what happens when a beneficiary dies before receiving their inheritance—and what you can do about it.

When a Beneficiary Dies Before Receiving Their Inheritance

Probate can take time. When someone passes away, their estate doesn’t automatically distribute overnight—especially when formal administration is involved. In Florida, it’s common for probate to stretch across 6 to 12 months.

That means a named beneficiary might pass away before probate is complete. If this happens, several legal principles determine what happens next.

1. Did the Beneficiary Outlive the Testator?

The first question is: Did the beneficiary survive the person who made the Will, even by one day?

• If no: The beneficiary never legally inherited the gift. Their share “lapses” and goes elsewhere—typically to the residuary estate or contingent beneficiaries.
• If yes: The inheritance is considered “vested” and now belongs to the beneficiary’s own estate—even if they die before they physically receive it.

This distinction is critical in Florida probate law.

2. Does the Will Include a “Survivorship Period”?

Some Wills include a survivorship clause—a rule stating the beneficiary must live for a specific period (often 90 days) after the testator’s death to receive their inheritance.

Example:

“If my daughter survives me by at least 30 days, she shall receive my house in Winter Springs.”

In this case:

• If the daughter dies within 30 days, the gift lapses.
• If she dies after 30 days—but before probate closes—the inheritance goes to her own estate.

Survivorship periods give the testator more control over who ultimately inherits their property, especially if several deaths occur in close succession.

3. Is There a Contingent Beneficiary Named?

Some Wills are structured with backup plans. If the primary beneficiary dies, the gift may pass to a contingent or alternate beneficiary.

Example:

“My son, Jack, shall receive my investment account. If Jack does not survive me, it shall pass to my niece, Maria.”

In this case, if Jack dies before receiving the inheritance (and the survivorship period applies), Maria gets the gift.

This is a smart estate planning move and something Vollrath Law always recommends for clients preparing a Will in Florida.

4. What Happens When the Beneficiary’s Share Is Vested?

If the beneficiary lived beyond the required survivorship period (or if none is listed), their inheritance becomes a vested interest.

That means their estate inherits the asset.

And here’s where things get more complex: Now we’re dealing with two probate estates.

Let’s say John was set to receive 50% of his mother’s estate, but he dies a few weeks after her death. His share now becomes part of his own estate, which will be distributed according to:

• John’s own Will, or
• Florida’s intestacy laws (if he had no Will)

This may trigger an entirely separate probate process. And if John had heirs, debts, or no clear estate plan of his own, complications can snowball.

5. Florida’s Anti-Lapse Statute

Florida has a legal safety net called the anti-lapse statute. It comes into play when a close relative of the testator dies before receiving an inheritance, but has surviving children.

Here’s how it works:

If the deceased beneficiary is:

• A descendant of the testator’s grandparents (like a child, sibling, niece, nephew), and
• Leaves surviving descendants of their own, like children

Then the gift doesn’t lapse. Instead, it passes to the deceased beneficiary’s descendants, per stirpes (in equal share per family branch).

Example:

Anne leaves her estate to her brother Mark. But Mark dies shortly after her, leaving two children.

• If there’s no survivorship clause, and Florida’s anti-lapse law applies,
• Mark’s share will go to his two children, not to the residuary estate or other heirs.

This statute ensures that bloodline gifts don’t get wiped out when an heir dies unexpectedly.

6. What If the Beneficiary Had No Will?

If the deceased beneficiary had no estate plan, their share will go through intestate succession. Florida law then distributes the assets based on family hierarchy:

• Spouse
• Children
• Parents
• Siblings
• More distant relatives

This process can delay distribution significantly, especially if the deceased beneficiary’s family disagrees or is difficult to locate.

7. What Happens to POD/TOD Assets If the Beneficiary Dies?

Payable-on-death (POD) and transfer-on-death (TOD) accounts are non-probate assets—meaning they pass directly to the named beneficiary without court involvement.

But if that beneficiary dies before receiving the funds, the asset may:

• Go to a contingent beneficiary, if one is named
• Revert to the decedent’s probate estate
• Be subject to intestacy, if no one is listed

The takeaway? Even non-probate assets can cause probate headaches if you don’t plan for contingencies.

8. Residuary Beneficiaries: Who Gets the Leftovers?

Every well-drafted Will should name a residuary beneficiary—the person who inherits whatever is left over after all specific gifts are distributed.

If no specific beneficiary survives, and there’s no alternate or anti-lapse application, the inheritance rolls into the residuary estate. From there, it goes to the residuary beneficiary—if one is listed.

If no residuary beneficiary is named, or they’re deceased too? The asset passes via intestacy.

9. How to Plan for These Scenarios

No one can predict the future. But a well-crafted estate plan can account for it.

Here’s how to protect your wishes—and your family:

• Name alternate (contingent) beneficiaries
• Use survivorship clauses in your Will
• Update your estate plan after major life changes
• Coordinate beneficiary designations across your Will, trusts, insurance, and financial accounts
• Work with a probate attorney to review and update your documents regularly

At Vollrath Law, we make sure your estate plan reflects real-life possibilities, not just ideal outcomes.

Final Thoughts

So, what if a beneficiary dies before receiving his inheritance?

In Florida, the answer depends on survivorship clauses, the structure of the Will, the timing of the death, and whether anti-lapse rules apply.

It’s a complicated area of law—but one we understand inside and out. Whether you’re navigating probate after the unexpected death of a beneficiary, or you’re planning your estate to cover all outcomes, Vollrath Law is here to guide you.

Call us or schedule your consultation online today.

Because life doesn’t always follow the plan. But your estate can—with the right help.