What Happens If You Die Without a Will in Florida?

Understanding Florida's Intestacy Laws and How They Impact Your Family

If you pass away without a will in Florida, you don’t get to decide who inherits your property or who settles your affairs—the state does. This situation, known as “dying intestate,” means Florida law determines how your assets are distributed, who is in charge of your estate, and in some cases, who will care for your minor children. While many people believe their possessions will automatically go to their spouse or children, the reality is more complex and sometimes surprising.

Florida’s intestacy laws follow a strict order of distribution based on your surviving family members. If you're married and have no children, your spouse will inherit everything. If you're married and all of your children are shared with your spouse, your spouse still receives everything. However, if you have children from a previous relationship, your spouse receives half of your estate, and your children share the other half equally. For unmarried individuals with children, the children inherit everything, divided equally among them.

If you have no spouse or children, the law looks to your parents next. If they are deceased, your estate goes to your siblings, then to nieces and nephews, and further down the line to extended family. If no relatives can be located, your assets ultimately go to the State of Florida. This default structure might be adequate for some, but for most people, it doesn’t reflect the personal choices they would make if they had prepared an estate plan.

It’s also important to understand what intestacy doesn’t control. Assets that pass directly to a named beneficiary—such as life insurance policies, retirement accounts, or jointly owned property—generally avoid probate and are not distributed under intestate laws. However, any assets titled solely in your name with no designated beneficiary will go through probate and be distributed according to Florida’s statutory formula, not your personal wishes.

The consequences of dying without a will can be significant. You lose control over who inherits your estate, which can result in unintended heirs receiving your assets. If you have minor children, the court—not you—will decide who becomes their legal guardian. Family disputes are more likely to arise when expectations aren’t clear, and the probate process itself may take longer and become more costly without a will to guide it.

The good news is that all of this can be avoided with proper planning. Creating a valid will—and ideally, pairing it with a revocable trust, durable power of attorney, healthcare surrogate designation, and living will—ensures your wishes are legally protected. A complete estate plan allows you to choose your beneficiaries, designate a trusted personal representative to manage your estate, and avoid unnecessary court involvement.

At The Warnock Law Group, we help Florida residents create estate plans that are clear, comprehensive, and tailored to their unique situations. If you don’t yet have a will, or if it’s been years since you’ve reviewed your documents, now is the time to take action.

Contact us today to schedule a consultation and ensure that your wishes—not the state's—determine your legacy.

For a free consultation regarding Estate Planning or for further help with the process please contact us at:

(239) 437-1197

6843 Porto Fino Cir,

Fort Myers, FL 33912, USA

law@warnocklawgroup.com

What happens if you die without a will in Florida