As estate planning attorneys, we often hear from families that they wish their loved one had left them a plan. When someone dies without a will, the legal process that follows can be confusing, expensive, and emotionally exhausting for the people left behind. At Family First Firm, we work with Orlando families every day to help them avoid exactly that situation.
But if you are reading this because you are already navigating the loss of someone who died without a plan, we want you to understand what comes next. Dying without a will is called dying intestate. When that happens in Florida, the state does not leave the distribution of your assets up to chance. Instead, it follows a strict legal formula that may have nothing to do with what you actually would have wanted.
Florida’s Intestacy Laws: Who Gets What
Florida’s intestate succession laws, outlined in Chapter 732 of the Florida Statutes, determine who inherits your assets based on your family structure at the time of your death, without considering personal relationships or intentions.
If you are married with no children, your spouse inherits everything. If you have children who are also your spouse’s, they inherit everything. If you have children from a prior relationship, your spouse and children split the estate equally, with your spouse receiving at least half.
If you are not married, your assets go to your children in equal shares. If there are no children, your estate passes to your parents, then siblings, and finally to more distant relatives. If no relatives are found, your assets go to the state of Florida. Keep in mind that these laws do not allow assets to be passed to a long-term partner, a close friend, an unadopted stepchild, or a charity. Without a will, those individuals receive nothing.
The Probate Process in Florida
When someone dies without a will in Florida, their estate typically must go through probate before any assets can be distributed. Probate is a court-supervised legal process administered through the Florida circuit courts. You can learn more about how we guide families through this process on our probate services page.
The probate court appoints a personal representative, sometimes called an administrator, to manage the estate. This person is responsible for identifying and inventorying assets, notifying creditors, paying valid debts, filing any required tax returns, and ultimately distributing what remains to the heirs determined by Florida law.
Florida recognizes two main types of probate administration. Formal administration is required when the estate is valued at more than $75,000 or when the decedent has been dead for fewer than two years. Summary administration is a simplified process available for smaller estates. In either case, the process takes time and involves court filings, legal notices, and attorney involvement.
Probate becomes significantly more complicated when there is no will to guide the process. Disputes among family members are more common. The court has less information to work with. And the people closest to the deceased often feel like they have lost control of a process that should be about honoring someone they loved.
What Happens to Minor Children?
One of the most urgent consequences of dying without a will involves minor children. In Florida, a will is the primary legal document through which a parent names a guardian for their children. Without one, the court decides who raises your kids.
That decision is made by a probate judge who does not know your family, your values, or your preferences. The court will apply a best interests of the child standard under Florida Statute 744.312, but the outcome may not be the same as what you would have chosen for your children. Family members may disagree, and contested guardianship proceedings can become lengthy and painful for everyone involved, especially the children.
If you have minor children and no estate plan, naming a guardian in a will should be your first priority. It is one of the most important decisions you will ever make for your family.
What About Your Assets Outside of Probate?
Not everything you own goes through probate. Assets with named beneficiaries, such as life insurance policies, retirement accounts, and payable-on-death bank accounts, pass directly to those beneficiaries regardless of whether you have a will. The same is true for assets held in a trust or owned jointly with right of survivorship.
This is one reason why estate planning involves more than just drafting a will. A complete plan coordinates all of your assets, both those that pass through probate and those that do not. Our team regularly reviews beneficiary designations as part of the planning process, and you can read more about that on our estate planning overview page.
Can Intestacy Be Avoided?
Yes, and it does not require a complicated or expensive process. A basic will, properly executed under Florida law, is enough to take control of what happens to your assets and your children. Florida Statute 732.502 requires that a will be signed by the testator in the presence of two witnesses who also sign the document. Meeting those requirements is straightforward with the help of an attorney.
Beyond a will, many Florida families benefit from a revocable living trust, which keeps assets out of probate entirely and enables a smoother, faster transfer to their beneficiaries. A trust also provides continuity if you become incapacitated before you die, which a will alone cannot do.
Florida law also offers strong protections for families who plan ahead, including the homestead exemption and tenancy by the entireties for married couples. These tools only work in your favor when they are part of a coordinated plan. The Florida Bar’s consumer resources provide a helpful overview of your rights under state law.
Contact a Florida Probate Attorney Today
We have seen what happens when families are left without a plan, and what it looks like when they are prepared. The difference is significant. A will, a trust, updated beneficiary designations, and a power of attorney are not complicated documents. They are the clearest way to tell your family that you loved them and thought ahead for them.
If you do not have an estate plan in place, or if it has been years since you last reviewed it, we encourage you to reach out to our team. Visit our wills and trusts page to learn about your options, or contact Family First Firm to schedule a consultation. Planning now is the most meaningful thing you can do for the people who matter most.
