The Price of Putting It Off: What Happens If You Die Without an Estate Plan in Florida

Many people put off estate planning because it feels uncomfortable or unnecessary. Unfortunately, in Florida, if you die without a valid will or trust, state law—not your family—decides who inherits your property. This process is called intestate succession, and it often leads to unintended results, family tension, and unnecessary costs.

Here’s what really happens when you die without an estate plan in Florida—and why taking the time to plan now can save your loved ones stress, time, and money later.

What Is Intestate Succession in Florida?

If you pass away without a valid last will and testament, Florida law treats your estate as “intestate.” This means your assets are distributed under Florida’s intestate succession statute (Chapter 732, Florida Statutes).

Rather than following your personal wishes, the court uses a legal formula to determine who inherits your property. While this may sound straightforward, the results can be surprising—especially for blended families or those with complicated relationships.

 

Florida Inheritance Rules Without a Will

Under Florida law, your estate generally passes to your closest surviving relatives, but the rules vary:

• Married with no children from prior relationships: Your spouse inherits everything.
• Married with children from a prior relationship: Your spouse shares your estate 50/50 with your children from outside the marriage.
• Unmarried with children: Your children inherit everything, divided equally.
• No spouse and no children: Your estate goes to parents, then siblings, then more distant relatives.
• No living relatives: Your estate may eventually escheat (revert) to the State of Florida.

Example: If you remarried later in life and have children from your first marriage, your current spouse could inherit half of your estate—even if you intended for your children to receive everything.

 

The Hidden Costs of Dying Without a Plan

Failing to plan doesn’t just create confusion—it can be costly:

• Court-Controlled Probate: Intestate estates must go through probate, a court-supervised process that delays distributions and racks up attorney and court fees.
• Family Disputes: Heirs often disagree on how to divide property, which can lead to lawsuits and damaged relationships.
• Loss of Privacy: Probate is public record in Florida, meaning anyone can see the value of your estate and who inherits it.
• Missed Tax and Asset Protections: Without trusts or proper planning, your estate may lose opportunities to reduce taxes or shield assets from creditors.

 

What About Blended Families and Remarriages?

Blended families face some of the biggest risks if there is no estate plan. For example:

• A surviving spouse could disinherit your children from a prior marriage entirely by changing beneficiary designations.
• Stepchildren you intended to include receive nothing unless you specifically plan for them.
• Assets meant to stay in your bloodline—such as a family business or heirlooms—may pass to unrelated in-laws instead.

These situations happen every day in Florida because families assume “everything will work itself out.” Unfortunately, it rarely does.

 

How a Florida Estate Plan Prevents Intestate Problems

A properly drafted estate plan in Florida puts you—not the state—in control. Here’s what it can do:

• Avoid Probate: A revocable living trust can transfer assets privately, faster, and without court supervision.
• Protect Blended Families: Trusts and marital agreements can ensure both a spouse and children from prior relationships are cared for.
• Control When and How Heirs Inherit: You can stagger distributions, create protections for minor children, or shield inheritances from creditors.
• Ensure Healthcare Wishes Are Honored: Tools like a healthcare surrogate designation and living will give you a voice even if you become incapacitated.

 

FAQs About Dying Without an Estate Plan in Florida

1. Can my spouse automatically inherit my house if I die without a will?
   Not always. Florida’s homestead laws may give your spouse a life estate in the home, with remainder interest to your children—even if you wanted your spouse to have full ownership.
2. What happens if my child is a minor?
   If you die intestate and leave property to a minor, the court may appoint a guardian of the property to manage those assets until the child turns 18, even if you would have preferred a different arrangement.
3. What if I’m single with no kids?
   Your estate passes to your parents, then to your siblings. If none are living, more distant relatives may inherit—even relatives you barely know.
4. Does everything automatically go through probate?
   Yes, intestate estates must go through probate unless assets have named beneficiaries (like life insurance or retirement accounts) or are jointly owned with rights of survivorship.
5. Can I avoid these problems by naming beneficiaries?
   Beneficiary designations can help, but they don’t cover everything. Without a comprehensive estate plan, you risk leaving out important assets, creating tax issues, or unintentionally disinheriting someone.

 

Why Act Now?

Estate planning isn’t just for the wealthy—it’s for anyone who wants to protect their loved ones and avoid unnecessary conflict. The cost of planning now is far less than the emotional and financial toll of probate disputes later.

Bottom line: If you don’t create an estate plan, Florida will create one for you—and it may not be what you want.

 

Ready to Take Control of Your Legacy?

Our firm helps Florida families create estate plans that protect what matters most. Whether you’re just starting out or updating an old plan, we can help you:

• Avoid probate and keep things private
• Protect your spouse and children from unintended outcomes
• Reduce stress and costs for your loved ones

Schedule your consultation today and make sure your wishes—not state law—decide what happens next.