What Happens If I Die Without a Will in Florida?
See how Florida’s intestacy laws can determine who inherits when there is no valid will.
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Estate Planning
Written by Blake Stewart | Florida Bar No. 84716 | Admitted 2010 | Florida Bankruptcy & Estate Planning Attorney
A proper estate plan protects your family, avoids probate, and ensures your wishes are honored — without leaving the hard decisions to a court.
Why Estate Planning Matters
Most Floridians put off estate planning because it feels complicated or morbid. In reality, a well-drafted estate plan is one of the most practical things you can do for the people you care about. Without one, Florida's intestacy laws decide who gets your assets — and probate court decides who raises your children.
At Stewart Law, we make estate planning straightforward. We listen to your goals, explain your options in plain language, and draft documents that actually hold up when they're needed most. Whether you need a simple will or a comprehensive trust-based plan, we'll build something that fits your life.
Florida offers several powerful tools for passing assets outside of probate — including revocable trusts, lady bird deeds, and properly designated beneficiaries. Used correctly, these tools can save your family months of court proceedings and thousands of dollars in fees.
Wills
A last will and testament directs how your assets are distributed and names a guardian for minor children. It's the foundation of any estate plan.
Learn About Wills →Revocable Trusts
A revocable living trust lets your estate pass directly to beneficiaries without going through probate — saving time, money, and keeping your affairs private.
Learn About Revocable Trusts →Powers of Attorney
A durable power of attorney authorizes someone you trust to manage your finances and legal affairs if you become incapacitated — without court involvement.
Learn About Powers of Attorney →Healthcare Surrogate
A healthcare surrogate designation names someone to make medical decisions on your behalf if you're unable to communicate your wishes.
Learn About Healthcare Surrogates →Lady Bird Deeds
A lady bird deed (enhanced life estate deed) lets you transfer your home to beneficiaries at death while retaining full control during your lifetime — and avoiding probate entirely.
Learn About Lady Bird Deeds →Gun Trusts & Firearm Estate Planning
A Florida gun trust holds NFA-regulated items — suppressors, SBRs, machine guns — and standard firearms under a structure that allows multiple co-trustees to possess them lawfully, avoids probate, and ensures your collection passes to the right people without creating federal liability. Stewart Law drafts gun trusts as part of a comprehensive estate plan, coordinated with your revocable trust, will, and powers of attorney.
Learn About Florida Gun Trusts →Areas We Serve
Stewart Law is based in Melbourne and serves estate planning clients throughout Brevard County and Florida.
Florida estate planning guidance
Florida Estate Planning Resource Center
Get clear answers about wills, trusts, probate avoidance, incapacity planning, deeds, and protecting your family in Florida.
Wills, Trusts & Probate
Do I Need a Will or Trust in Florida?
Compare the roles of a will and a revocable trust in a practical Florida estate plan.
Read resourceDoes a Will Avoid Probate in Florida?
Understand why a will provides direction but does not by itself keep assets out of probate.
Read resourceHow Do I Avoid Probate in Florida?
Explore common tools for helping assets pass outside the probate process.
Read resourceIncapacity Planning
Power of Attorney vs. Health Care Surrogate in Florida
Learn the difference between financial authority and medical decision-making authority.
Read resourceDurable Powers of Attorney
Learn how a durable power of attorney can let a trusted person manage financial and legal matters.
Read resourceHealthcare Surrogate Designations
Understand how to name someone to make medical decisions when you cannot communicate.
Read resourceWills & Living Wills
Explore how a living will can document your end-of-life treatment wishes.
Read resourceProtecting Property & Family
Florida Lady Bird Deed Attorney | Enhanced Life Estate Deeds
See how a Lady Bird deed may help transfer Florida real estate while you keep lifetime control.
Read resourceHow Do I Avoid Probate in Florida?
Learn how deeds, trusts, joint ownership, and beneficiary designations can work together.
Read resourceWhat Happens If I Die Without a Will in Florida?
Understand why planning for children and other intended heirs matters before a crisis occurs.
Read resourceFlorida Estate Planning FAQ | Wills, Trusts & Probate Answers
Browse answers on homestead, beneficiary planning, probate, and other family-protection questions.
Read resourceTrust & Advanced Planning
Florida Trust Attorney | Revocable Trust & Asset Planning
Learn how a properly funded revocable trust may provide privacy, continuity, and probate avoidance.
Read resourceFlorida Gun Trusts & Firearm Estate Planning
Explore NFA firearm succession planning when a Gun Trust is appropriate to your larger estate plan.
Read resourceFlorida Estate Planning FAQ | Wills, Trusts & Probate Answers
Review when existing documents, beneficiary choices, and planning goals may need another look.
Read resourceHow Much Does Estate Planning Cost in Florida?
Get a plain-English overview of planning scopes and the factors that can shape a flat-fee quote.
Read resourceStart Your Estate Plan Today
Most new clients are seen within the week. Call (321) 541-6845 or send us a message.
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