What Happens If I Die Without a Will in Florida?
Written by Blake Stewart | Florida Bar No. 84716 | Admitted 2010 | Florida Bankruptcy & Estate Planning Attorney
If you die without a valid will in Florida, the state decides who inherits your estate — not you. The result is a fixed statutory formula that does not account for your actual wishes, your family's realities, or the people you would have chosen.
Who Inherits Your Estate Under Florida Law
Florida's intestacy rules under Fla. Stat. §§ 732.101–732.103 follow a strict order based on your family structure at the time of your death.
If you are married with no children: Your spouse inherits your entire estate.
If you are married and all your children are also your spouse's children — and your spouse has no children from other relationships: Your spouse inherits the first $60,000 of the estate, plus one-half of the remaining balance. Your children split the other half.
If you are married and any child is not a child of your current spouse — or your spouse has children from another relationship: Your spouse inherits exactly one-half of your estate. Your children split the other half. This catches many people off guard in blended families — a spouse of 20 years may receive only half of what you owned.
If you are unmarried with children: Your children inherit the entire estate, divided equally (or per stirpes under Fla. Stat. § 732.104 if any child predeceased you).
If you have no spouse and no children: Your estate passes to your parents equally, or to the surviving parent. If both parents are deceased, to your siblings and their descendants. Beyond that, the estate continues up and across family lines under a specific statutory order. If no qualifying relative can be found, your estate escheats to the State of Florida under Fla. Stat. § 732.107.
If you are unmarried with a long-term partner: Your partner receives nothing — zero — under Florida intestacy law, regardless of how long you were together, whether you shared a home, or whether you considered them family. This result is the same whether the relationship lasted two years or thirty.
What Happens to Your Children
Minor children who inherit assets under Florida intestacy law cannot legally control that money until they turn 18. Without a will designating a guardian and establishing a trust or custodial arrangement for their inheritance, a court must appoint a guardian of the property — a separate legal proceeding that requires ongoing court supervision, annual accountings, and court approval for many expenditures. When the child turns 18, they receive everything outright, with no conditions attached.
A will allows you to name the person you want to raise your children (a guardian of the person) and the person you want to manage their money (which may or may not be the same individual). Without a will, a court appoints both — using its own judgment, not yours.
What Dying Without a Will Means for Probate
Every estate that passes under intestacy goes through probate. There is no exception. The court must appoint an administrator, creditors must be notified, and the estate must be inventoried and distributed under court supervision.
Formal administration (Fla. Stat. Chapter 733): Applies to estates with non-exempt assets over $75,000. Requires a mandatory 90-day creditor notice period as a floor, and most cases take 6 to 12 months. Attorney and personal representative fees are governed by a statutory schedule and typically total roughly 3% of the estate's gross value. Everything filed with the court — including the asset inventory — becomes part of the public record.
Summary administration (Fla. Stat. § 735.201): May be available when non-exempt assets are $75,000 or less, or when the decedent has been deceased more than two years. Faster, but still requires a court petition and carries its own requirements.
Common Misconceptions About Dying Without a Will
"My spouse will automatically get everything."
Not always. If you have children from a prior relationship, or if your current spouse has children from a prior relationship, your spouse may receive only half.
"It doesn't matter because I don't have much."
Intestacy rules apply to every asset you own individually without a beneficiary designation — including a car, a bank account with no payable-on-death designation, or a share of real estate. The value is not the issue; the title is.
"My family knows what I want."
Knowing and having legal authority to act on it are different things. Without a will, your family has no legal basis to distribute assets according to your wishes even if everyone agrees.
"A will is complicated and expensive."
For most Florida residents, a straightforward will can be drafted and executed in a matter of weeks at a flat fee. The cost of not having one — in court time, attorney fees, family conflict, and outcomes you never intended — is reliably higher.
Frequently Asked Questions
Does a surviving spouse automatically inherit everything in Florida if there is no will?
Not always. Under Fla. Stat. § 732.102, a surviving spouse inherits the entire estate only if there are no descendants, or if all descendants are also the spouse's descendants and neither spouse has children from other relationships. In blended families — where either spouse has children from a prior relationship — the surviving spouse inherits only one-half of the intestate estate. The other half goes to the decedent's descendants.
What happens to my house if I die without a will in Florida?
Your home passes under intestate succession rules, which means it may be inherited by people in proportions you would not have chosen — including children from a prior relationship alongside your surviving spouse. If the home is your Florida homestead, additional rules under Article X, Section 4 of the Florida Constitution govern how it can be devised and who has rights to it. Homestead property cannot be freely devised to someone other than a surviving spouse or minor child in many circumstances — another reason to plan with an attorney rather than rely on intestacy defaults.
What if I have a will from another state?
Florida generally recognizes a will that was validly executed under the laws of the state where it was signed (Fla. Stat. § 732.502(2)). However, Florida-specific issues — particularly homestead rights and property titled in Florida — may not be properly addressed by an out-of-state document. If you have moved to Florida and have an existing will, reviewing it with a Florida attorney is worth the time.
Can I disinherit someone by simply not including them in a will?
Generally yes for most family members. However, Florida law provides some protections that a will cannot override — a surviving spouse has elective share rights under Fla. Stat. § 732.201, and homestead property carries its own restrictions on who can be disinherited. These are important points to address when drafting a will, not assumptions to make without counsel.
Who handles my estate if I die without a will and without a named personal representative?
Under Fla. Stat. § 733.301, the court follows a statutory order of preference: surviving spouse first, then a person selected by a majority of the heirs, then the heir nearest in degree. The court appoints whomever qualifies — not necessarily the person you would have chosen.
Does a will avoid probate?
No. A will directs how your probate estate is distributed, but assets with a will still go through probate. To avoid probate, you need to use probate-avoidance tools — a revocable living trust, beneficiary designations, joint ownership with right of survivorship, or a Lady Bird deed for real estate.
General legal information only. Not legal advice. Statutes current as of publication date; consult an attorney for guidance specific to your situation.
Statutes Referenced: Fla. Stat. § 732.101 · § 732.102 · § 732.103 · § 732.104 · § 732.107 · § 732.201 · § 732.502 · § 733.301 · Fla. Stat. Chapter 733 · § 735.201 · Fla. Const. Art. X § 4
Don't Leave It to the State
A will puts you in control of every outcome described on this page. Schedule a consultation to get started — most basic estate plans are completed in two appointments.
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Florida Intestacy at a Glance
| Married, no children | Spouse gets 100% |
| Married, shared children only | Spouse gets $60K + 50%; children split 50% |
| Blended family | Spouse gets 50%; children split 50% |
| Unmarried with children | Children get 100% |
| No spouse, no children | Parents → siblings → relatives |
| Unmarried partner | Gets nothing |
A Will Is the Starting Point — Not the Finish Line
A will ensures your assets go where you intend and puts your family in the best possible position to handle what comes next. But for most Florida families, a will alone is not a complete plan. Whether you also need a revocable trust to avoid probate, a Lady Bird deed for your home, or updated beneficiary designations on your retirement accounts depends on your specific asset structure and goals. I've helped families throughout Florida — from Melbourne and the Space Coast to Tampa, Orlando, and Jacksonville — put basic plans in place that protect their families from exactly the outcomes described on this page.