What Happens If You Die Without A Will In Florida?

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The passing of a loved one is an emotionally challenging time. Also, the lack of a valid will can further complicate matters. 

When an individual dies without a will in Florida, their estate becomes subject to intestate succession laws. 

These laws determine how the deceased person’s assets and property will be distributed among their heirs. 

This comprehensive guide will delve into what happens if you die without a will in Florida.

It also outlines the process, the hierarchy of beneficiaries, and other important aspects.

What Happens If You Die Without A Will In Florida? Understanding Intestate Succession

Intestate succession is the legal process.

It governs the distribution of a deceased person’s estate.

It is when they die without a valid will or other estate planning documents

The intestacy laws ensure that the deceased’s assets are distributed fairly and orderly.

It is even without explicit instructions from the deceased.

In Florida, intestate succession is governed primarily by Chapter 732 of the Florida Statutes.

These laws outline the rules and procedures for distributing an estate without a will. 

The specifics of how assets are distributed will depend on various factors.

This includes the deceased’s marital status.

It also survives children’s presence and other close relatives’ existence.

What Happens If You Die Without A Will In Florida? Appointing An Administrator

When an individual dies without a will, the first step is crucial.

It is in the intestate succession process to appoint an administrator for the estate

The administrator is responsible for overseeing the distribution of assets.

This pays debts and taxes and handles any other necessary legal proceedings. 

The court typically appoints a surviving spouse or another close relative.

This will be according to the administrator in Florida. 

Suppose no suitable family member is available or willing to serve as the administrator.

In that case, the court may appoint a qualified individual or entity.

This is such as an attorney to fulfill this role.

What Happens If You Die Without A Will In Florida? – Distribution Of Assets

A predefined hierarchy of beneficiaries determines the distribution of assets.

These will be in an intestate estate in Florida. 

The hierarchy varies depending on the deceased’s family situation.

Assets distribution is one of the main elements in the Probate Process.

It helps to know what happens if you die without a will in Florida.

Category Of HeirsDistribution Of AssetsShare
Surviving spouse onlySpouse inherits everythingAll to spouse
Surviving spouse andSpouse inherits half of the marital propertySpouse: 1/2
descendants (children)Descendants inherit the other halfEach child: Equal share of the remaining 1/2
Surviving spouse andSpouse inherits half of the marital propertySpouse: 1/2 share
no descendantsParents inherit the other halfEach child: Equal share of the remaining 1/2
Surviving descendantsDescendants inherit everythingEqual share among descendants
(children, grandchildren,
Surviving parents onlyParents inherit everythingEqual share between parents
Surviving siblingsSiblings inherit everythingEqual share among siblings
No surviving relativesEscheat to the state of FloridaNo share distribution

The following sections outline the key scenarios.

Surviving Spouse but No Descendants:

A spouse survives the deceased but has no descendants (children or grandchildren).

The surviving spouse is entitled to the entire estate.

Surviving Spouse And Descendants:

When a spouse and descendants survive the deceased, the distribution depends on:

– If the descendants are shared with the surviving spouse

– If the descendants are shared with a previous relationship.

If the deceased has descendants who are also descendants of the surviving spouse, the spouse inherits the entire estate.

If the deceased has descendants who are not descendants of the surviving spouse (e.g., stepchildren), the surviving spouse is entitled to one-half of the estate.

At the same time, the remaining half is distributed equally among the descendants.

No Surviving Spouse But Descendants:

Without a surviving spouse, the estate is distributed among the descendants.

It is typically in equal shares.

No Surviving Spouse Or Descendants:

In cases with no surviving spouse or descendants, the estate equally passes to the deceased’s parents.

This condition is if both are alive or if the surviving parent if only one is alive.

No Surviving Spouse, Descendants, Or Parents:

If there are no surviving spouses, descendants, or parents, the estate passes to the deceased’s siblings in equal shares. 

The estate proceeds to more distant relatives if there are no surviving siblings.

It will then follow a predetermined order outlined in Florida law.

Per Stirpes Vs Per Capita Distribution

Understanding the distinction between per stirpes and capita distribution methods is essential.

This is when distributing assets to descendants in an intestate estate:

Per Stirpes:

Under this method, the estate is divided equally among the deceased’s descendants.

It is at the nearest generation level.

If a descendant has predeceased the deceased, their share is passed down to their descendants (the deceased’s grandchildren).

Per Capita:

In per capita distribution, the estate is divided equally among the descendants at the same generation level.

This is regardless of whether a descendant has predeceased the deceased.

This method is commonly used when all descendants are at the same generation level.

What Happens If You Die Without A Will In Florida? The Debts, Taxes, And Expenses

Before distributing the assets of an intestate estate, the administrator must settle any outstanding debts.

This process includes identifying and paying creditors and filing necessary tax returns.

Also, covering the costs of administering the estate lies under it.

Only after these obligations are satisfied can the remaining assets be distributed to the heirs according to the intestate succession laws.

What Happens If You Die Without A Will In Florida? – Challenges And Disputes

Intestate succession cases can sometimes lead to disputes among family members or other potential beneficiaries.

Common challenges and disputes in these cases include:

– Disagreements over the identity of legal heirs

– The valuation of assets

– The administration of the estate.

The Florida probate court may intervene and make decisions to address these issues.

It resolves conflicts and ensures that the distribution process is fair and just.

What Happens If You Die Without A Will In Florida? Rights Of Surviving Spouse

In cases where a surviving spouse is entitled to a portion of the estate, it’s important to understand their rights and protections under Florida law:

Elective Share:

Florida law allows a surviving spouse to claim an elective share of the deceased spouse’s estate.

This is even if the deceased left a will that excluded the spouse.

The elective share is typically 30% of the elective estate, including probate and non-probate assets.

This provision is designed to protect surviving spouses from being disinherited.

Homestead Rights:

Florida’s homestead laws offer additional protection to surviving spouses.

If the deceased owned a homestead, the surviving spouse may have specific rights to the property.

It is regardless of the will’s contents or the intestate distribution rules.

Exempt Property:

A surviving spouse in Florida may also claim a specific amount of exempt property.

This includes household furnishings, appliances, and personal effects up to a certain value.

What Happens If You Die Without A Will In Florida? Avoiding Intestacy

Dying without a will can lead to complicated legal proceedings.

It may not reflect the deceased’s true wishes for the distribution of their assets.

To maintain control over the disposition of their estate, individuals should engage in proper estate planning.

It may include the following steps:

Drafting A Will:

Creating a valid will is one of the most effective ways to ensure that your assets are distributed according to your preferences.

A will allows you to designate beneficiaries.

Moreover, it can also specify the distribution of assets and name an executor to fulfill your wishes.

Establishing Trusts:

Trusts can be useful for managing specific assets and providing for the needs of beneficiaries.

This is especially true in complex family or financial situations.

Designating Beneficiaries:

Many financial assets like life insurance policies and retirement accounts allow you to name beneficiaries.

Ensure that these designations are current and align with your estate planning goals.

Power Of Attorney:

Appointing a trusted individual is necessary.

It will be as your attorney-in-fact through a durable power of attorney document.

It can ensure that someone you trust will make financial and legal decisions if you become incapacitated.

Advanced Healthcare Directive:

An advanced healthcare directive can outline your preferences for medical treatment.

It includes a living will and a healthcare proxy.

This also designates someone to make medical decisions if you cannot.

Regular Updates:

Life events may necessitate updates to your estate plan.

These include marriage, divorce, the birth of children or grandchildren, and changes in financial circumstances,


Dying without a will in Florida triggers the application of intestate succession laws.

This dictates how an individual’s estate is distributed among their heirs.

The specific distribution depends on factors.

Such factors include a surviving spouse, descendants, and other close relatives.

While these laws are designed to provide an orderly framework for asset distribution, they may not align with your wishes.

Engaging in proper estate planning is advisable to ensure that your assets are distributed according to your preferences.

Also, it avoids potential conflicts among your heirs.

Drafting a valid will can help you maintain control over your legacy.

It addresses other important aspects of estate planning.

It can also provide for your loved ones how you see fit.

Consulting with an experienced attorney specializing in estate planning can be instrumental in creating a comprehensive plan.

The above-mentioned guide will help you know what happens if you die without a will in Florida.

Frequently Asked Questions

1. What Happens If I Die Without A Will In Florida?

If you pass away without a will in Florida, your estate will be subject to Florida’s intestate succession laws, determining how your assets will be distributed among your heirs.

2. Who Inherits My Property If I Die Without A Will in Florida?

The distribution of your assets depends on your surviving family members. Generally, your spouse and descendants, such as children or grandchildren, will inherit your estate.

The specifics of distribution will vary based on your family composition.

3. What If I Have No Surviving Spouse Or Descendants?

If you have no surviving spouse, descendants, or living relatives, your estate may escheat, meaning it will go to the state of Florida.

4. Can Unmarried Partners Inherit Without A Will In Florida?

Unmarried partners, including domestic partners or significant others, typically have no legal claim to your estate if you die without a will in Florida.

Florida law does not recognize common-law marriage.

5. What Happens To My Minor Children if I Die Without A Will?

If you have minor children and die intestate, the court will appoint a guardian to care for them.

The court’s decision will prioritize the children’s best interests, considering any expressed preferences by the deceased parent.

6. Is Probate Required If There’s No Will In Florida?

Probate is usually required when someone dies without a will in Florida.

The court will appoint a personal representative to manage the probate process.

It includes the distribution of assets and payment of debts and taxes.

7. Can I Avoid Intestate Succession By Creating A Will In Florida?

Creating a valid will allows you to specify how you want your assets distributed after your death rather than relying on intestate succession laws.

A will ensures that your wishes are followed, potentially reducing family disputes and ensuring a smoother estate administration process.

Terry L. Crump

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