If you die without a will in Florida, the state decides who gets everything you own — not you. Florida’s intestate succession laws distribute your assets to relatives in a fixed legal order, starting with your spouse and children. It may not reflect your wishes, and it cannot be changed after you’re gone.

What Does ‘Dying Intestate’ Actually Mean in Florida?

Dying intestate means dying without a valid legal will. In Florida, that single fact sets a whole legal process in motion — one you had no say in designing.

Florida Statutes Chapter 732 governs what happens. The law creates a ranked list of relatives who inherit your estate. Your wishes, your relationships, and your intentions are irrelevant to that list. Only a valid, properly executed will — or other estate planning tools — can override it.

It happens more often than people think. Many Florida residents believe their spouse automatically gets everything, or that their children will work it out. But Florida law is specific, and it doesn’t always match what families expect.

Who Inherits Your Assets When There Is No Will in Florida?

Florida’s intestate succession laws create a clear hierarchy. Here is how it works:

Married, no children: Your spouse inherits everything.

Married, with children — all from your marriage: Your spouse inherits everything.

Married, with children from outside the marriage: Your spouse receives half. Your children — including those from outside the marriage — split the other half.

Unmarried with children: Your children inherit everything, in equal shares.

No spouse or children: Your estate passes to your parents. If they are deceased, to your siblings. The hierarchy continues through grandparents, aunts, uncles, and cousins.

No traceable relatives: Only then does your estate pass to the State of Florida.

This structure can create real surprises — particularly in blended families, where a spouse’s inheritance can be significantly reduced by children from prior relationships.

What Happens to Your Home, Bank Accounts, and Personal Property?

Not all assets are governed by intestate succession. It depends entirely on how each asset is titled or designated.

Your home: If your home has no survivorship designation, it passes through probate and is distributed under intestate succession rules. If you hold it as joint tenants with right of survivorship, it passes directly to the surviving owner — outside probate.

Bank accounts: Accounts with a named beneficiary or a Payable on Death (POD) designation transfer directly to that person, bypassing intestate succession entirely. Accounts without these designations go through probate.

Retirement accounts and life insurance: These pass directly to your named beneficiary, regardless of what any will — or lack of one — says. Beneficiary designations override everything.

Personal property: Jewellery, vehicles, furniture, and other personal property without a title or beneficiary designation all pass through probate and are distributed by the court.

The practical result: dying without a will does not mean losing everything. But it does mean the court — not you — decides who gets what, and the process takes time.

Can Dying Without a Will Cause Problems for Your Family?

Yes — and the problems are often ones families never anticipated.

Blended family conflict: If you have children from a previous relationship, your spouse may receive far less than you intended. This frequently causes conflict that could have been entirely avoided.

Minor children: If you have young children and both parents die without a will, a Florida court appoints a guardian. That may not be the person you would have chosen. A will lets you name a guardian for your children.

Unmarried partners: Florida intestate succession law does not recognise unmarried partners. If you are not legally married, your partner inherits nothing — regardless of how many years you have been together.

Probate delays: Without a will, the probate process is more complex. Estates can take 12 to 18 months — or longer — to fully settle. During that time, your family may have limited access to assets.

Estranged relatives: Florida law can deliver an inheritance to a relative you deliberately wanted to exclude. Without a will, you have no legal mechanism to prevent that.

This is the moment most families tell me they wish they’d had a conversation sooner. A will is the simplest thing you can do to protect the people you love. I work with Orlando families to put a clear, legally valid plan in place — quickly and without the stress. Visit our Florida Last Will and Testament page at lumsdenlawfirm.com or call (407) 798-7744 today.

How Do You Make Sure Florida Law Doesn’t Decide for You?

The answer is straightforward: create a valid Florida will. Under Florida law, a will must be in writing, signed by you, and witnessed by two adults who are not named as beneficiaries. It does not need to be notarised to be valid — though notarising it makes the probate process simpler.

A will lets you name your beneficiaries, choose a guardian for your children, and appoint a personal representative (executor) to manage your estate. It is a private document until you die — and it can be updated any time your circumstances change.

For some families, a will alone is not enough. A revocable living trust can allow your estate to skip probate entirely, passing assets directly to your beneficiaries with no court involvement. Trusts are particularly useful for families with significant assets, blended family situations, or a desire for privacy.

Other tools — joint ownership, beneficiary designations, and Lady Bird deeds — can also help specific assets avoid probate. The right combination depends on your family, your assets, and your goals.

What matters most is that you make a plan. See our estate planning must-haves for Florida families for a broader overview of what a complete plan looks like.

Frequently Asked Questions About Dying Without a Will in Florida

What happens if you die without a will in Florida?

If you die without a will in Florida, your estate is distributed under Florida’s intestate succession laws (Chapter 732 of the Florida Statutes). Assets pass to your closest relatives in a set legal order — your spouse, children, parents, or siblings — regardless of your personal wishes.

Who gets my house if I die without a will in Florida?

If you die without a will in Florida and own a home, it passes to heirs under intestate succession. If you are married with no children, your spouse inherits everything. If you have children from outside the marriage, the estate is split — which can create serious family complications.

Does dying without a will mean the state takes everything?

No — dying without a will in Florida does not mean the state takes your assets. Florida’s intestate succession laws direct your estate to living relatives in a legal hierarchy. Only if you have no living spouse, children, parents, siblings, or other traceable relatives does the estate pass to the state.

How does Florida intestate succession work if I have children?

Under Florida intestate succession law, if you have children and a surviving spouse, the distribution depends on whether those children are also the spouse’s children. If all children are from your marriage, your spouse inherits everything. If any children are from outside the marriage, the estate is divided between your spouse and all children.

Is probate required if someone dies without a will in Florida?

Yes — probate is typically required when someone dies without a will in Florida. The court supervises asset distribution under Florida’s intestate succession rules. The process can take six months to two years depending on estate complexity. Estate planning tools like trusts can help your family avoid probate entirely.

Ready to put your family first? At Lumsden Law, I’ll help you create a will that says exactly what you want — so your family is protected, not left guessing. Visit our Florida Last Will and Testament page, or find out more about serving Orlando families with estate planning. Call (407) 798-7744 — I’ll make sure you feel supported every step of the way.