By Lumsden Law | Estate Planning Attorneys in Florida 

Every October, we hear spooky stories about haunted houses and things that go bump in the night. But one of the most chilling real-life horrors isn’t found in ghost stories — it’s found in probate court. 

If you pass away without a will in Florida, state law decides who inherits your assets, who manages your estate, and even who raises your minor children. You lose the power to tell your own story — and your family may face months or even years of confusion, conflict, and court costs. 

At Lumsden Law, we’ve seen what happens when families are left unprepared. It’s not a Halloween tale — it’s an emotional and financial nightmare that’s all too real. 

What Happens If You Die Without a Will in Florida? 

When someone dies “intestate” — meaning without a legally valid will — the Florida intestate succession laws step in to determine who gets what. The results might not reflect your wishes, and the process can be long, expensive, and emotionally draining. 

Here’s how Florida’s intestate system works: 

• If you have a spouse but no children, your spouse inherits everything. 

• If you have a spouse and children from that same marriage, your spouse again inherits the entire estate. 

• If you have children from a previous relationship, your spouse receives half, and your children share the other half. 

• If you’re unmarried, your estate passes to your children, parents, or closest living relatives. 

• If no relatives can be found, your assets can even end up with the State of Florida. 

That’s right — without a will, you lose the ability to choose who inherits your property, who cares for your pets, or who manages your affairs. 

The Hidden Costs of Dying Intestate 

Probate without a will isn’t just emotionally taxing — it can also be expensive. 

Without clear instructions, families often have to: 

• Hire attorneys to interpret and present evidence about your intent. 

• Wait months (sometimes years) for the probate court to identify heirs. 

• Deal with delays in accessing bank accounts, insurance, and property titles. 

This means your loved ones could struggle to pay funeral expenses, mortgage payments, or daily bills — all because of paperwork and red tape. 

In Florida, probate costs can range from 3% to 7% of your estate’s value, depending on complexity. That’s money your family could have kept with proper planning. 

Emotional Fallout – The Family Feud Nobody Wants 

Even the closest families can fracture without a clear plan. We’ve seen siblings stop speaking for years, stepparents and adult children argue over homes, and blended families torn apart — not because of greed, but because of confusion. Having a proper Survivorship Deed Florida or will in place can prevent such disputes and ensure your loved ones are protected.

A valid will removes the guesswork. It tells your loved ones exactly what you want, leaving no room for interpretation or argument. 

A Will Is More Than a Document — It’s a Gift 

A will is your voice when you can’t speak. It names guardians for children, designates who receives which assets, and ensures your wishes are carried out efficiently. 

It’s not just about wealth — it’s about peace of mind. 

Even if your estate is modest, a will saves your loved ones from a long and stressful probate process. And when paired with other tools — like a trust, power of attorney, and healthcare directive — your estate plan becomes a full roadmap for your family’s future. 

The Good News: You’re Not Too Late to Write Your Story 

The scariest part about dying intestate is how preventable it is. 
Creating a will in Florida is straightforward with the help of an estate planning attorney. At Lumsden Law, we review your assets, discuss your goals, and ensure your will meets Florida’s legal standards — so your plan can’t be challenged later. 

This fall, as you decorate for Halloween and plan family gatherings, take one more important step: protect your legacy. 

Call to Action 

Think monsters are scary? Try losing control over who inherits your home, savings, or business. 
Don’t let Florida’s intestate laws write your story for you. 

Write your own ending — schedule your estate planning consultation today.

Frequently Asked Questions

1. What happens if someone dies without a will in Florida?
If a person dies without a will (intestate), Florida law decides how their assets are distributed. Typically, property goes to the spouse and children, but if no immediate family exists, it may go to parents or other relatives — and if no relatives are found, the assets may even revert to the State of Florida.

2. How long does probate take in Florida without a will?
Probate without a will can take anywhere from six months to several years, depending on the size of the estate and whether disputes arise among heirs. Having a valid will can significantly speed up the process.

3. Can I write my own will in Florida without a lawyer?
Yes, you can draft your own will, but it must follow Florida’s strict legal requirements to be valid — including proper witnessing and signing. To avoid mistakes that could void your will, it’s best to work with an experienced estate planning attorney.

4. How much does it cost to create a will in Florida?
The cost of preparing a will varies depending on complexity and the attorney’s experience. However, it’s often a small investment compared to the thousands of dollars your family could lose in probate fees without one.