Most people know they should have an estate plan. Far fewer actually have one. If you are in the majority who does not, here is what Florida law says happens to your assets, your children, and your medical decisions when you are no longer able to make them yourself.
The answer is probably not what you would choose.
Florida's Intestacy Laws Take Over
When someone dies without a will in Florida, they die "intestate." That means the Florida Probate Code — not you — decides who gets your assets. These rules apply regardless of your relationships, your intentions, or what you told your family you wanted.
Florida's intestacy distribution works like this:
If you are married with no children, or your children are also your spouse's children: Your surviving spouse inherits everything.
If you are married and have children from a prior relationship: Your surviving spouse and your children from outside that marriage split the estate. Your spouse receives 50%, and your other children split the remaining 50% equally. This catches people completely off guard — especially in blended families where the assumption is that a spouse will be provided for first.
If you are unmarried: Your assets go to your children in equal shares. If you have no children, they go to your parents. If your parents are deceased, they go to your siblings. The law works its way through a statutory hierarchy of relatives.
If you have no qualifying relatives: Your estate escheats — meaning it goes to the State of Florida.
An unmarried partner, a lifelong friend, a stepchild you raised, a charity you cared about — none of these people receive anything under Florida's intestacy laws unless you have a legal document directing it.
Your Estate Will Go Through Probate
Without an estate plan designed to avoid probate, virtually everything you own that is in your name alone will need to go through Florida's court-supervised probate process before it can transfer to anyone.
Formal probate in Florida typically takes nine months to eighteen months. It involves court filings, creditor notification periods, and ultimately a judge approving the distribution of your estate. Attorney fees are set by statute based on the gross value of your estate and can be significant.
During that entire time, your family has limited access to those assets.
For a detailed look at the probate timeline and what drives it, see how long does probate take in Florida.
No One Can Make Decisions for You If You Are Incapacitated
An estate plan is not only about what happens when you die. It is also about what happens if you are alive but unable to make decisions — after an accident, a medical emergency, or cognitive decline.
Without a durable power of attorney, no one has the legal authority to manage your finances, pay your bills, access your accounts, or handle your legal affairs. Your family would have to petition the court for a guardianship proceeding — a public, expensive, and emotionally difficult process — just to be able to take care of you.
Without a healthcare surrogate designation, no one is formally authorized to make medical decisions on your behalf. Without a living will, there is no documented record of your wishes regarding life-prolonging treatment.
Florida courts make these decisions based on what they believe you would have wanted. Your family may have no legal standing to weigh in.
Your Children's Guardian Is Decided by a Judge
If you have minor children and you die without naming a guardian in a will, a Florida court decides who raises them. The judge will consider what is in the children's best interest, but the decision is ultimately theirs to make — not yours.
This is one of the most powerful reasons young parents need an estate plan immediately, even if they have minimal assets. See our guide to estate planning for young families in Florida for more on what a complete plan looks like at this stage of life.
The Fix Is Simpler Than You Think
None of this requires months of planning or an enormous legal bill. A complete, comprehensive Florida estate plan — revocable living trust, pour-over will, durable power of attorney, healthcare surrogate designation, and living will — can typically be completed within a few weeks.
For most Florida families, a trust-based plan is the most efficient path forward. It avoids probate entirely, protects your family from court involvement, and keeps your affairs private. You can read more about whether you need a trust or a will and what the differences mean for your family.
The cost of not having one is almost always higher than the cost of having one done right.
If you have been putting this off, you are not alone — but you are also not without options. Schedule a consultation and let's build a plan that actually reflects your life and your wishes.
Kristen Weiss is a Florida estate planning and business law attorney serving clients throughout Florida from her base in Broward County. Kristen Weiss Legal focuses on trust-based estate planning, probate administration, and legal infrastructure for entrepreneurs and creators.