What Happens if You Die Without a Will in Florida?

If you pass away in Florida without a will, you are considered to have died “intestate,” and Florida law determines who inherits your property. The distribution depends on your family structure—whether you have a surviving spouse, children from a prior relationship, or other relatives.

For example, if you have no children outside your current marriage, your spouse inherits everything. But if you have children from another relationship, your spouse and children will share the estate according to a statutory formula.

Creating a will ensures that you—not the state—decide how your assets are distributed. It also allows you to name a guardian for minor children and an executor to manage your estate.