Dying without a will in Florida is called dying intestate. When it happens, your estate does not go to whoever you might have wanted — it goes to whoever Florida law says should receive it under the Florida Intestacy Statute, F.S. §§ 732.101–732.111.
Florida's intestacy laws were designed as a default — a best guess at what most people would want. They are often wrong. They do not account for second marriages, blended families, estranged relatives, unmarried partners, or the specific wishes of any individual.
Who Inherits in Florida With No Will
Florida Intestate Succession — F.S. § 732.102–732.103
Source: F.S. §§ 732.102–732.103. "Descendants" means children, grandchildren, and further lineal descendants by representation.
The Blended Family Problem
Florida intestacy creates particularly serious problems for blended families. If you are remarried and have children from a prior relationship, Florida law splits your estate between your current spouse and your children — not necessarily in the proportions you would have chosen.
Example: You have $800,000 in assets, a second spouse, and two adult children from your first marriage. You die without a will. Under F.S. § 732.102, your spouse receives $400,000 and your children split $400,000. Your spouse may have expected more. Your children's relationship with your spouse may make this a contested situation. A simple will or trust would have avoided this entirely.
What Happens to Your Florida Home
Homestead property follows special intestacy rules under F.S. § 732.401 that differ from other assets. If you die intestate (no will) with a surviving spouse and descendants:
- Your surviving spouse receives a life estate in your homestead
- Your lineal descendants receive the vested remainder
- Your spouse has the right to elect a 50% undivided interest as a tenant in common instead of a life estate — within 6 months of your death
This means your children own a remainder interest in the family home from the day you die. If your spouse wants to sell the home, your children must agree. If your children predeceased you and left grandchildren, the arrangement becomes even more complicated. A trust or properly drafted will eliminates all of this complexity.
What Happens If You Have Minor Children
If you die without a will and have minor children, a Florida probate court will appoint a guardian of the property to manage their inheritance. You have no say in who that guardian is — and the court will supervise every significant financial decision until your children turn 18.
At age 18, your children receive their entire inheritance outright — regardless of whether an 18-year-old is equipped to manage a significant sum. A will or trust lets you specify who manages your children's inheritance, how it is used, and when distributions are made.
Five Scenarios Where Florida Intestacy Goes Wrong
Unmarried Couple
You have been with your partner for 20 years. No will. Under intestacy, your partner gets nothing — your estate goes to parents, siblings, or other relatives you may have been estranged from for decades.
Second Marriage, Prior Children
Your home and savings are split between your current spouse and children from your first marriage. Neither gets what you likely intended, and conflict between them is almost certain.
Estranged Family Member
You have not spoken to a sibling in 15 years. No spouse or children. Under Florida intestacy, that sibling may inherit everything. A simple will would have directed your estate elsewhere.
Minor Children Inherit
Your children inherit at 18 with no restrictions. A 18-year-old with no financial guidance receives a large sum and the court-supervised guardianship costs have already reduced it significantly.
Business Owner
Your business interest passes to multiple heirs under intestacy — potentially including relatives with no knowledge of or interest in the business. Operations may be disrupted or the business forced to dissolve.
Out-of-State Property
You own real property in Florida and another state. Without a trust, both estates go through probate separately — probate in Florida and ancillary probate in the other state. Double the cost, double the time.
What Happens to Your Accounts and Property
Bank and Investment Accounts
Accounts titled solely in your name without POD (payable on death) or TOD (transfer on death) designations go through probate and are subject to intestacy. Accounts with named beneficiaries pass directly to those beneficiaries regardless of intestacy.
Life Insurance and Retirement Accounts
Life insurance and retirement accounts pass by beneficiary designation — not through your will or intestacy laws. If you named "my estate" as the beneficiary, those proceeds go through probate. If you named specific beneficiaries, they receive the funds directly.
Property You Own with Someone Else
Property you own as joint tenants with right of survivorship, or as tenancy by the entireties with your spouse, passes automatically to the surviving co-owner at your death — regardless of intestacy or your will.
Frequently Asked Questions
Related Reading
- Can You Disinherit a Spouse in Florida? — the spousal protections that apply with or without a will.
- How Long Does Probate Take in Florida? — what an intestate estate goes through in court.
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Start Your Florida Estate Plan →This article is for general informational purposes only and does not constitute legal advice. Florida intestacy law is complex and highly fact-specific. Contact Cornerstone Wealth & Legacy Law for advice regarding your specific estate planning needs. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.