What Happens If You Die Without a Will in Florida? The Harsh Reality of Intestate Succession

Estate planning is something many people put off, believing they have plenty of time to get their affairs in order. But what happens if you pass away without a Will in Florida? The answer might surprise you—and not in a good way.

Dying without a valid Will means your estate will be subject to Florida’s intestate succession laws, a strict set of rules that dictate who inherits your assets. Unfortunately, these laws don’t consider your personal wishes, family dynamics, or unique relationships.

Let’s take a closer look at what really happens when you die without a Will in Florida—and why it’s a risk you don’t want to take.

What Is Intestate Succession?

When someone passes away without a Will, their estate is considered intestate. Instead of following the deceased person’s wishes, Florida law takes over and distributes assets based on a predetermined order of inheritance.

The probate court appoints a personal representative (executor) to handle the estate, and assets are distributed strictly according to Florida’s intestate succession laws. This process can create unintended consequences—especially for blended families, unmarried partners, or those with estranged relatives.

Who Inherits Under Florida’s Intestate Succession Laws?

Here’s how assets are distributed when someone dies without a Will in Florida:

1. If You’re Married with No Children

✔ Your spouse inherits everything.

2. If You’re Married with Children (Shared with Your Spouse)

✔ Your spouse still inherits everything.

• In Florida, if you and your spouse only have children together, your surviving spouse will receive the entire estate.

3. If You’re Married with Children from a Previous Relationship

⚠ Your spouse only gets half of the estate.

• Your biological or adopted children from a prior relationship inherit the other half.

💡 Potential Pitfall: If you wanted your spouse to receive the entire estate or to provide specific assets to your children, intestacy laws won’t honor those wishes. This could cause financial hardship for your spouse.

4. If You Have Children but No Spouse

✔ Your children inherit everything in equal shares.

💡 Potential Pitfall: If your children are under 18, the court will appoint a guardian of the property to manage their inheritance until they become adults—whether you would have chosen that person or not.

5. If You Have No Spouse and No Children

✔ Your parents inherit everything (if still living).
✔ If your parents are deceased, your siblings inherit everything.

💡 Potential Pitfall: If you have a close friend or long-term partner but are not married, they get nothing under Florida law.

6. If You Have No Immediate Family

✔ Florida law continues down the family tree: nieces, nephews, grandparents, aunts, uncles, and even distant cousins may inherit your estate.

✔ If no relatives can be found, the state of Florida gets everything.

Major Risks of Dying Without a Will in Florida

Dying intestate doesn’t just mean your assets might go to people you wouldn’t have chosen. It also creates serious complications for your loved ones.

1. The Court Decides Who Manages Your Estate

Without a Will, you don’t get to choose your personal representative (executor). The court will appoint someone based on legal priority, often your closest relative. If there’s disagreement among family members, this can lead to probate disputes and delays.

💡 Solution: A Will allows you to name a trusted personal representative to handle your estate efficiently.

2. Unmarried Partners and Friends Get Nothing

Florida does not recognize common-law marriages, and unmarried partners are not entitled to inherit anything under intestate succession.

💡 Solution: A properly drafted Will or Trust ensures that your partner, friends, or even a charity can inherit from your estate.

3. Minor Children’s Inheritances Are Controlled by the Court

If you leave behind young children, the court will decide who manages their inheritance until they turn 18. This may not be the person you would have chosen.

💡 Solution: A Will allows you to name a guardian and create a Trust for minor children so their inheritance is managed responsibly.

4. Your Blended Family May Not Receive What You Intended

Many families today are blended, with children from prior relationships. Under intestacy laws, your spouse may only receive half of your estate, with the other half going to your children.

💡 Solution: A Trust or Will can ensure that your spouse and children are cared for according to your wishes.

5. The Probate Process Can Be Lengthy and Expensive

Without a Will, your estate must go through Florida probate, which can take months—or even years—depending on complexity. Probate also comes with legal fees, court costs, and potential family disputes.

💡 Solution: A comprehensive estate plan, including a living Trust, can help minimize or even eliminate probate.

How to Avoid Florida’s Intestate Succession Laws

Creating a Will is the simplest way to protect your family, reduce court involvement, and ensure your wishes are carried out. Consider these estate planning steps:

✔ Draft a Will – Clearly outline who inherits what and name a personal representative.

✔ Use beneficiary designations – Life insurance policies, bank accounts, and retirement accounts allow you to name beneficiaries directly.

✔ Create a living Trust – This can help you avoid probate and provide long-term asset management.

✔ Review and update your plan regularly – Major life events (marriage, divorce, birth of children) should prompt a review of your estate plan.

Final Thoughts: Don’t Let Florida Decide Your Legacy

If you die without a Will in Florida, the state—not you—decides how your assets are distributed. This can leave loved ones in a difficult legal and financial situation, especially if you have a blended family, unmarried partner, or minor children.

The good news? Estate planning doesn’t have to be complicated. By taking proactive steps today, you can protect your family, minimize court involvement, and ensure your assets go to the right people.

Need help creating a Will or Trust? Schedule a free consultation with one of our experienced Florida estate planning attorneys today.