What Happens If You Die Without a Will in Florida?

Most people know they should have a will. Far fewer actually have one. If you've been putting off estate planning — for any reason — this article is worth reading before you put it off any longer.

Dying without a will in Florida is called dying "intestate." When it happens, Florida law — not you — decides what happens to your assets, your property, and in some cases, your children.

Florida's Intestacy Laws: Who Gets What

Florida's intestacy statutes spell out exactly how your estate is distributed if you die without a will. The rules are rigid and based entirely on your family structure at the time of death — not your relationships, your intentions, or your wishes.

Here's how it generally works:

If you're married with no children: Your spouse inherits everything.

If you're married with children from that marriage only: Your spouse inherits everything.

If you're married with children from a prior relationship: This is where it gets complicated. Your spouse receives half of your estate and your descendants receive the other half. This surprises many people — your spouse does not automatically inherit your entire estate if you have children from a previous relationship.

If you're unmarried with children: Your children inherit everything in equal shares. If a child has predeceased you, that child's share passes to their own descendants.

If you're unmarried with no children: Your estate passes to your parents. If your parents are deceased, it passes to your siblings, then to other relatives in a specific order defined by Florida law.

If no relatives can be found: Your estate escheats — meaning it goes to the State of Florida.

What Intestacy Doesn't Cover

Florida's intestacy laws only govern assets that would have passed through your will. Many assets pass outside of probate entirely — including life insurance with named beneficiaries, retirement accounts, jointly owned property with right of survivorship, and bank accounts with payable-on-death designations.

This means that even if you have no will, some of your assets may pass exactly as you intended — and others may not. The result can be a patchwork distribution that reflects neither your wishes nor your family's needs.

The Guardian Problem

If you have minor children and die without a will in Florida, you have left no legally documented preference for who should raise them. A court will appoint a guardian — and while judges try to act in children's best interests, they may not know your family, your values, or your specific wishes.

Naming a guardian in your will is one of the most important things any parent can do. It takes 30 minutes. The peace of mind lasts a lifetime.

Common Misconceptions

"My spouse will get everything." Not necessarily — especially if you have children from a prior relationship or if your assets are in your name alone without beneficiary designations.

"We've been together for years, so my partner is protected." Florida does not recognize common law marriage. An unmarried partner has no inheritance rights under Florida intestacy law regardless of the length or depth of the relationship.

"I don't have enough assets to need a will." Estate planning isn't just about assets. It's about naming guardians, designating healthcare decision-makers, and making sure the people you love aren't left navigating a legal process alone during an already difficult time.

"I'll do it later." No one plans to die without a will. It simply happens when planning gets delayed long enough.

The Solution Is Simpler Than You Think

Creating a will — or a complete estate plan — doesn't have to be complicated, expensive, or time-consuming. Most estate planning matters can be handled efficiently with the right attorney, often in just a few appointments.

At Kristen Weiss Legal, we help individuals and families throughout South Florida — including Plantation, Fort Lauderdale, Hollywood, Miramar, Coral Springs, Boca Raton, Miami, Weston, and surrounding communities — create estate plans that protect what matters most. Virtual consultations are available, so getting started is easier than ever.

Don't let Florida law decide your legacy. Schedule your free consultation today.