What Happens If You Die Without a Will in Florida?
- Ashley M. Cornwell, Esq.
- Mar 11
- 3 min read
Most people assume their assets will “just go” to the right people when they pass away.
In Florida, that’s not how it works.
If you die without a will, you are considered to have died intestate, and your estate will be distributed according to Florida law—not your personal wishes.
That means the State of Florida decides who gets what.
What Is Intestate Succession?
In Florida, intestate succession is governed by Florida Statutes § 732.101, which provides that any part of your estate not controlled by a valid will passes to your heirs as defined by statute.
These laws create a default plan—but it’s rarely aligned with what people actually want.
Who Gets Your Assets?
The answer depends on your family structure.
If You Have a Spouse (and No Children from Outside the Marriage)
Under Florida Statutes § 732.102(1), your spouse inherits 100% of your estate.
Simple—but only in this very specific situation.
If You Have a Spouse and Children (from the Same Relationship)
Your spouse still inherits everything if all children are shared between you and your spouse and neither of you has children from another relationship.
If You Have Children from Another Relationship
This is where things change significantly.
Under Florida Statutes § 732.102(3):
Your spouse receives 50%
Your children receive the other 50%
This often creates immediate complications—especially if minor children are involved.
If You Do Not Have a Spouse
Your assets pass to your descendants (children, grandchildren) under Florida Statutes § 732.103(1).
If you have no descendants, the statute continues down a strict hierarchy:
Parents
Siblings
Extended relatives
If no qualifying relatives exist, your estate may ultimately escheat to the State of Florida.
What About Your Home?
Florida has special rules for homestead property.
Even without a will, your home does not automatically transfer freely.
Under Florida Constitution Article X § 4:
If you have a spouse and/or minor children, your ability to transfer the home is restricted
Your spouse may receive a life estate or elect a 50% tenant-in-common interest
Your children may inherit a future interest
This can create shared ownership issues, disputes, or forced sales.
The Probate Process Still Applies
If you die without a will, your estate will still go through probate.
The court will:
Appoint a personal representative
Identify heirs
Oversee distribution under Florida statutes
Without a will:
You do not choose who handles your estate
The court decides who is appointed
This is governed by Florida Statutes § 733.301.
What Problems Does This Create?
Dying without a will often leads to outcomes people never intended:
1. Loss of Control
You lose the ability to decide:
Who inherits your assets
Who manages your estate
How and when distributions are made
2. Family Conflict
Statutory distributions can:
Create tension between spouses and children
Force shared ownership of property
Lead to disputes during probate
3. Delays and Costs
Probate can become:
More complex
More expensive
More time-consuming
Especially when there is no clear plan.
4. No Protection for Minor Children
Without a will:
You do not name a guardian
The court makes that decision
What Many People Get Wrong
A common misconception is:
“Everything will just go to my spouse or kids.”
That is not always true, and even when it is, the process may be far more complicated than expected.
Florida’s intestacy laws are a default system, not a personalized plan.
How to Avoid This Outcome
The solution is straightforward: create a valid estate plan.
At minimum, this may include:
A will
Possibly a trust
Power of attorney
Healthcare documents
A properly structured plan allows you to:
Control who receives your assets
Avoid unnecessary conflict
Simplify the administration process
Protect your family
Final Thoughts
Dying without a will doesn’t mean your assets disappear, it means you lose control over what happens to them.
Florida law will step in and apply a rigid formula, regardless of your personal relationships, intentions, or circumstances.
For many people, that outcome is far from ideal.
If you want to make sure your assets are distributed according to your wishes, and not the default rules under Florida law, it’s important to put a plan in place.
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