Many people assume that if they pass away without a Will, the State of Florida will simply “take everything.” Others believe their spouse or children will automatically inherit exactly what they want them to have. The truth is more complicated, and often surprising.
If you die without a valid Will in Florida, your estate is distributed according to Florida law, not your personal wishes. This process is called intestate succession, and it can lead to results many families never intended.
Below is an overview of what happens and why proper Estate Planning matters.
What Does It Mean to Die Without a Will in Florida?
When someone dies without a Will, they are considered intestate under Florida law. This means:
You did not legally name who should inherit your assets
You did not name a personal representative (executor)
You did not provide instructions for your family or the court
As a result, Florida statutes control who receives your property and how Probate proceeds.
Who Inherits Under Florida Intestacy Laws?
Florida law follows a strict order of inheritance. The outcome depends on your family situation at the time of death.
If You Are Married
Spouse, no children: Your spouse generally inherits everything
Spouse and shared children only: Your spouse generally inherits everything
Spouse and children from another relationship: Your spouse may receive only half of the estate, with the remaining portion going to your children
This last situation often surprises blended families and can create conflict.
If You Are Not Married
Children inherit in equal shares
If a child has passed away, their share may pass to their descendants
If there are no children, assets may pass to parents, siblings, or more distant relatives
If no legal heirs can be identified, the estate may eventually escheat to the State of Florida.
What About Minor Children?
This is one of the most important, and most overlooked, issues.
If you die without a Will and have minor children:
- You have not named a guardian
- The court must decide who will raise your children
- A guardianship proceeding may be required
While judges do their best, the decision may not align with what you would have chosen.
What Role Does Probate Play?
Whether or not you have a Will, Probate is often still required.
However, when there is no Will:
There is no clear roadmap for the court
Family members may disagree about who should serve as personal representative
The process can take longer and cost more
Proper Estate Planning can reduce delays, confusion, and unnecessary legal expenses.
Why Relying on Florida Law Is Risky
Florida’s intestacy laws are designed as a default, not a personalized plan.
They do not account for:
Blended families
Long-term unmarried partners
Estranged relatives
Special needs beneficiaries
Charitable intentions
Only a properly prepared Will or Trust allows you to control these outcomes.
How to Avoid Intestate Probate in Florida
The good news is that this situation is entirely preventable.
With proper Estate Planning, you can:
Decide who inherits your assets
Name a trusted personal representative
Choose guardians for minor children
Reduce Probate stress for your family
Ensure your wishes are clearly documented under Florida law
Final Thoughts
Dying without a Will often leaves families dealing with confusion, delays, and outcomes the deceased never intended. A thoughtful Estate Planning review can provide clarity and peace of mind, for you and for those you care about most.
If you have questions about Wills, Probate, or Estate Planning in Florida, speaking with an experienced Florida estate planning attorney can help you understand your options and take the next step with confidence.
This article is for general educational purposes only and does not constitute legal advice.
Lori Vella is an Estate Planning and Business Attorney. She works virtually throughout Florida and New York, but has her home office in Tampa, Florida. She is mom to a little boy which ignited the passion for helping other families. She and her son enjoy car rides, playgrounds and taking mini-adventures. They also have an organic garden that surprisingly yields vegetables. Lori considers herself well-versed in Seinfeld and welcomes any trivia!
Disclaimer: The Law Office of Lori Vella’s website contains general information directed to Florida residents. This firm does not intend to give legal advice through its pages and/or blog. If you need legal advice, we encourage you to find an attorney licensed in your state. This language on this website does not create an attorney-client relationship between you and this firm.