What Happens If You Die Without a Will in Florida?

Published by Season Spanski, Esq. | Estate Planning Attorney

If you die without a will in Florida, you die "intestate," and Florida law decides who inherits your property. The court chooses who handles your estate. If you have minor children, the court picks their guardian. Your family has no say in these decisions unless they agree to file for formal determination, which adds time and expense.

This happens more often than you'd think. About 60% of Americans don't have a will. Many people assume their spouse automatically inherits everything, or that their family will "figure it out." That's not how it works in Florida.

Florida's Intestacy Laws: Who Gets What

When someone dies without a will in Florida, Florida Statutes Chapter 732 determines who inherits. Here's how it breaks down:

If you're married with no children: Your spouse inherits everything.

If you're married with children (and all children are yours and your spouse's): Your spouse inherits everything.

If you're married with children from a previous relationship: Your spouse gets half, and your children split the other half. This often surprises people. Your spouse doesn't automatically inherit your home if you have kids from a prior marriage.

If you're unmarried with children: Your children inherit everything equally. If a child has passed away, their share goes to their children (your grandchildren).

If you're unmarried with no children: Your parents inherit. If your parents have passed, your siblings inherit. If no siblings, your nieces and nephews inherit. The law keeps going down the family tree until it finds someone.

Notice what's not on that list: Your best friend. Your partner you're not married to. The charity you support. Without a will, they get nothing. Florida intestacy law follows bloodlines and marriage only.

Your Minor Children's Guardian

If you have minor children and die without a will, the court decides who raises them. You don't get to name their guardian. The court will try to choose someone appropriate — usually a relative — but you have no input.

Think about that. The most important decision you'll ever make — who raises your children if you can't — gets made by a judge who's never met your family. A will lets you name the guardian yourself. If you have kids and no will, this alone should be reason enough to get one.

Probate Still Happens (And It's Worse)

Even without a will, your estate still goes through probate. In fact, it's usually more complicated. Without a will, the court must appoint a personal representative to handle your estate. Your family can petition for someone to be appointed, but if there's disagreement, the court decides.

Probate in Florida typically takes 6-12 months. During that time, bank accounts are frozen, real estate can't be sold without court approval, and bills keep coming. Your family is stuck waiting. With a will, you at least name your personal representative and give them clear instructions. Without one, everything takes longer.

Children Inherit at 18

Under Florida intestacy law, if your children inherit, they get their full share at age 18. That's not a typo. Eighteen. Would you hand an 18-year-old $100,000 with no strings attached?

With a will (or better yet, a trust), you can specify when your children receive their inheritance. Many parents choose ages 25, 30, or even older, or tie distributions to milestones like graduating college. Without a will, they get everything at 18.

Family Disputes Get Expensive

When there's no will, family members often disagree about who should inherit what. Maybe your kids from a first marriage don't get along with your current spouse. Maybe your siblings have different ideas about how to handle things. Without written instructions from you, these disagreements end up in court.

Contested probate cases can cost tens of thousands of dollars in legal fees. The disputes drag on for years. And your estate pays the attorney fees, which means less for your family. A will prevents most of these fights by making your intentions clear.

Homestead Property Complications

Florida has special homestead protections that complicate things further. If you're married and own your home, your spouse may have a life estate (the right to live there) even if your children inherit ownership. That creates awkward co-ownership situations.

Or your spouse might choose to take an elective share instead — 30% of your estate — which can force the sale of property to pay them. Homestead law in Florida is complex, and dying without a will makes it worse.

The Real Cost: Stress, Delay, and Lost Control

The biggest cost of dying without a will isn't money — it's the stress and uncertainty for your family. They're grieving. They're overwhelmed. And they have no idea what you wanted. Should they sell the house? Who gets your personal belongings? What would you have done?

A will gives clarity. It tells your family what you wanted and eliminates guesswork. It names the people you trust to handle things. It protects your children. And it costs a few hundred dollars to create. There's no good reason not to have one.

How to Avoid This: Get a Will

If you don't have a will, get one. It doesn't matter if you're 30 or 80, wealthy or just getting started. If you own anything or have anyone who depends on you, you need a will. Period.

A basic will can be created quickly and affordably. You name your beneficiaries, designate guardians for your children, choose your personal representative, and sign it in front of witnesses. Done. Your family is protected.

Depending on your situation, you might also want a living trust to avoid probate or a Lady Bird Deed for your home. We can discuss those options during a free consultation. But at minimum, everyone needs a will.

We help Sarasota families create wills every day. Visit our wills and trusts page to learn more, or explore our full range of estate planning services.