What Happens If You Die Without a Will in Florida?

The absence of a will triggers strict intestate succession laws in Florida that may not reflect your personal wishes. Without a legal will, the state decides who inherits your property, who cares for your children, and what happens to your business. 

Here’s a quick look at What Could Happen if You Die Without a Will in Florida:

• The state decides who inherits your property, not you.
• Your loved ones could face a more complex, costly, and potentially lengthy legal process.
• Decisions about your minor children’s care will be made by the court.
• The future of your business could be uncertain and vulnerable.

Secure your peace of mind and protect your beneficiaries. Contact our experienced will attorneys in Tampa at (813)773-5105 to schedule a consultation and ensure your wishes are legally documented.

What Does Intestate Mean

“Intestate” under Florida state law means dying without having created and executed a valid legal document, like a will. When a person dies intestate, they lose control over who inherits their property.

Florida Intestate Succession Dictates the Distribution of:

• Bank Accounts
• Business Interests
• Real Estate Holdings
• Other Assets

Florida Intestate Succession: Who Gets What

Florida’s intestate laws in Florida Statutes Chapter 732 have established a precise order for determining who inherits your assets. This applies when a person who died did not leave behind a valid will. This is vital information for all Florida residents to understand. This will govern the distribution of your estate if no other legal arrangements are in place.

Here’s a Detailed Breakdown of Who Inherits First Under Florida’s Intestate Rules:

1. Surviving Spouse (if no children or lineal descendants)
2. Children (Lineal Descendants)
3. Surviving Spouse and Children (if both exist, the spouse and children share the estate)
4. Parents (if no surviving spouse or children)
5. Siblings (or their descendants) (if no surviving spouse, children, or parents)
6. Grandparents (if no surviving spouse, children, parents, or siblings)
7. Aunts, Uncles, and their descendants (if no surviving spouse, children, parents, siblings, or grandparents)

Spouse Only

If you die intestate in Florida and the only surviving relative is your surviving spouse, your spouse inherits your entire intestate estate. This applies when there are no lineal descendants (children, legally adopted children, grandchildren, etc.).

Spouse and Children

When both a surviving spouse and lineal descendants (children, grandchildren, great-grandchildren, including legally adopted children) are living, the distribution of assets becomes more complex. Generally, the surviving spouse inherits half of your intestate estate, and the other half is divided among your lineal descendants.

If a child has passed away, their share is inherited by their children (your grandchildren) under Florida’s per stripes distribution method. However, if all descendants are also the lineal descendants of your surviving spouse, then the surviving spouse may inherit the entire estate.

Florida law protects the right of children from a previous relationship to inherit their share. This area of estate distribution under the laws of the state often creates unforeseen outcomes, especially in blended families. Seeking legal advice from a local attorney for wills is strongly recommended.

If Only Children Survive

If you die intestate without a surviving spouse but with surviving lineal descendants (children, legally adopted children, grandchildren, etc.), your lineal descendants will inherit your entire intestate estate. This is typically divided equally among them at the first generational level (per capita).

If No Spouse or Children Survive

If there is no surviving spouse or surviving lineal descendants, Florida law specifies a clear hierarchy for other family members to inherit, in the following order:

1. Your parents.
2. Your siblings (brothers and sisters), and if a sibling predeceased you, their descendants.
3. Your grandparents (maternal then paternal).
4. Your aunts and uncles (and their descendants if they predeceased you).
5. More distant relatives, such as cousins, may inherit if closer family members are not available.

If no living relatives can be located within this hierarchy, the assets may ultimately revert to the State of Florida.

Don’t let the state decide your family’s future. If you pass without a will, Florida law determines who gets everything. Contact an experienced attorney for wills near me today and take the first step toward protecting what matters most. (813)773-5105

What Happens if You Die Intestate

When you die intestate in Florida, the formal legal process of probate is initiated. This determines who your legal heirs are and how your assets will be distributed under Florida intestate succession laws. This eliminates any consideration of your personal wishes, family dynamics, or intended inheritance plans.

As part of this process, the court appoints an administrator to manage your estate—since no executor has been named. The administrator is responsible for settling debts, gathering assets, and distributing them to your heirs.

The Role of the Administrator

When someone dies without a will in Florida, there is no executor to manage the estate. Instead, the probate court appoints an administrator to handle the process. This person is often the surviving spouse or a close relative, though it can also be a qualified professional, like a fiduciary.

The administrator performs many of the same duties as an executor but must follow Florida’s intestate succession laws exactly. Their legal responsibilities are both detailed and time-sensitive.

Core Responsibilities of an Administrator in Florida

• Inventorying Assets: The administrator must locate, gather, and record all of the decedent’s assets, including bank accounts, real estate, personal belongings, and investments.
• Settling Debts and Taxes: Before any distributions are made, outstanding debts and final taxes must be identified and paid using the estate’s funds.
• Distributing Assets: The remaining assets are distributed to heirs as determined by Florida’s intestate succession statute, not personal wishes.

The Probate Process in Florida Without a Will

Probate in Florida becomes significantly more complex, time-consuming, and expensive when there is no will in place. Without a clear legal document outlining the deceased’s wishes, the court must step in to identify legal heirs based solely on Florida’s intestate succession laws.

This often leads to more procedural steps, added stress for surviving family members, and a higher risk of disputes.

Key Challenges in Intestate Probate

• Court-Determined Heirship: The court must identify and verify all heirs using Florida law. No personal preferences or verbal wishes are considered.
• Extended Legal Proceedings: The process may require multiple hearings, especially when family relationships are complicated or unclear.
• Genealogical Evidence: In some cases, heirs must provide detailed family lineage documentation to support their claim to the estate.
• Family Disputes: Without a legally binding will, disputes can erupt—especially in estranged or blended families—causing emotional and financial strain.
• Increased Costs: Additional court time, legal filings, and delays can make intestate probate significantly more expensive than a properly planned testate estate.

Additional reading: How to Avoid Probate

Without a will, Florida courts decide who manages and receives your estate—often causing delays and disputes. Schedule a consultation with our attorney for wills near me and let us help you stay in control. (813)773-5105

What Happens if You Die Without a Will

Ultimately, when you die without a will, you relinquish all control over your assets and the future security of your cherished loved ones. Florida law, operating through its impersonal intestate laws, will dictate who benefits from your estate. This can lead to unintended consequences for your surviving spouse, children, and the continued operation of your business.

Why You Need a Will

Having a will prepared provides peace of mind and ensures you retain control over your legacy. A will stands as a vital legal document that empowers you to:

• Choose precisely who inherits your property, including your ownership stake in your business.
• Nominate trusted individuals as guardians for your minor children, ensuring their well-being.
• Appoint your preferred executor to manage your estate.
• Implement strategies to potentially reduce the burden of estate taxes on your beneficiaries.
• Make specific bequests of cherished items or monetary gifts to individuals or charities.
• Establish a clear plan for the seamless succession of your business.
• Consider the establishment of a living trust as a component of your estate plan.

Additional reading: How to Create a Will in Florida

Consequences of Dying Without a Will

The consequences of dying without a will in Florida are far-reaching and often deeply impactful:

• Your assets may be distributed to individuals you would have never intended or chosen.
• Your surviving family members could be forced to navigate a more protracted, emotionally draining, and financially burdening legal process in probate court.
• Decisions regarding the care and upbringing of your minor children will be made by the court, potentially against your wishes.
• The future stability of your business could be severely jeopardized without a clearly defined succession plan.
• You miss crucial opportunities to engage in proactive tax planning and to thoughtfully shape your lasting legacy.
• Assets lacking a designated beneficiary, such as certain retirement accounts or those not properly titled with a transfer on death (TOD) designation, will be subject to the often inflexible rules of intestate law.

Passing away without a will can leave your loved ones in legal and emotional turmoil. Don’t let the court make decisions meant for you. Speak with an estate planning attorney today to protect your family, your business, and your legacy. (813)773-5105

How Our Attorneys for Wills Can Help You

At Southron Firm in Tampa, we are highly experienced attorneys for making a will and provide comprehensive estate planning legal advice. Our dedicated team can provide the expert legal advice you urgently need to:

• Thoroughly understand Florida intestate laws and gain clarity on their potential impact on your family dynamics and asset structure.
• Carefully draft a legally sound will that accurately reflects your specific wishes and intentions.
• Provide strategic counsel on various estate planning tools, including transfer on death (TOD) designations and durable powers of attorney.
• Assist you in establishing a living trust or other estate planning if they align with your goals.
• Offer guidance on minimizing potential estate taxes and ensuring a seamless and efficient legal process for your beneficiaries.

At Southron Firm, we’ll help you create a sound legal document – a will – that protects your family, your business, and your legacy, providing you and your loved ones with invaluable peace of mind. Schedule a confidential consultation today with our expert attorneys for wills! (813)773-5105

FAQ

1. What to do when a parent dies without a will in Florida?

If a parent dies without a will, the estate goes through probate under Florida’s intestate succession laws. The court appoints a person—usually a close relative—to manage and distribute the assets.

2. What happens if a spouse dies without a will in Florida?

If a spouse dies without a will, Florida law determines asset distribution based on whether there are children. The court follows state laws and appoints someone to oversee the estate.

3. How are assets distributed without a will in Florida?

Assets are distributed according to the laws of the state, typically to the surviving spouse and children. If no immediate family exists, more distant relatives may inherit.