Florida Estate Planning Guide

What Happens If You Die Without a Will in Florida?

If you die without a will in Florida, the state — not you — decides who gets your assets. Florida's intestacy laws may leave your home, savings, and everything you built to people you did not intend.

By Arthur Simpson, Esq. Florida Estate Planning Attorney Last Updated: May 2025

Dying without a will in Florida is called dying intestate. When it happens, your estate does not go to whoever you might have wanted — it goes to whoever Florida law says should receive it under the Florida Intestacy Statute, F.S. §§ 732.101–732.111.

Florida's intestacy laws were designed as a default — a best guess at what most people would want. They are often wrong. They do not account for second marriages, blended families, estranged relatives, unmarried partners, or the specific wishes of any individual.

Who Inherits in Florida With No Will

Florida Intestate Succession — F.S. § 732.102–732.103

Spouse, no descendantsSpouse inherits 100%
Spouse + descendants (all also spouse's)Spouse inherits 100%
Spouse + descendants (some not spouse's)Spouse 50% · Descendants split 50%
No spouse, yes descendantsDescendants inherit 100%
No spouse, no descendantsParents, then siblings, then extended family
No family foundEstate escheats to State of Florida

Source: F.S. §§ 732.102–732.103. "Descendants" means children, grandchildren, and further lineal descendants by representation.

🚨 Who Gets Nothing Under Florida Intestacy Unmarried partners (regardless of how long you were together) · Stepchildren (unless legally adopted) · Close friends · Charities or causes you supported · Any person or organization not related to you by blood or legal marriage

The Blended Family Problem

Florida intestacy creates particularly serious problems for blended families. If you are remarried and have children from a prior relationship, Florida law splits your estate between your current spouse and your children — not necessarily in the proportions you would have chosen.

Example: You have $800,000 in assets, a second spouse, and two adult children from your first marriage. You die without a will. Under F.S. § 732.102, your spouse receives $400,000 and your children split $400,000. Your spouse may have expected more. Your children's relationship with your spouse may make this a contested situation. A simple will or trust would have avoided this entirely.

What Happens to Your Florida Home

Homestead property follows special intestacy rules under F.S. § 732.401 that differ from other assets. If you die intestate (no will) with a surviving spouse and descendants:

This means your children own a remainder interest in the family home from the day you die. If your spouse wants to sell the home, your children must agree. If your children predeceased you and left grandchildren, the arrangement becomes even more complicated. A trust or properly drafted will eliminates all of this complexity.

What Happens If You Have Minor Children

If you die without a will and have minor children, a Florida probate court will appoint a guardian of the property to manage their inheritance. You have no say in who that guardian is — and the court will supervise every significant financial decision until your children turn 18.

At age 18, your children receive their entire inheritance outright — regardless of whether an 18-year-old is equipped to manage a significant sum. A will or trust lets you specify who manages your children's inheritance, how it is used, and when distributions are made.

Only a Will Can Name a Guardian for Minor Children Under F.S. § 744.3021, a guardian of the person (someone who cares for your children day-to-day) can only be nominated in a last will and testament. Without a will, a court determines who raises your children — and your preference is not part of the equation. This alone is a reason for every parent to have a will.

Five Scenarios Where Florida Intestacy Goes Wrong

Unmarried Couple

You have been with your partner for 20 years. No will. Under intestacy, your partner gets nothing — your estate goes to parents, siblings, or other relatives you may have been estranged from for decades.

Second Marriage, Prior Children

Your home and savings are split between your current spouse and children from your first marriage. Neither gets what you likely intended, and conflict between them is almost certain.

Estranged Family Member

You have not spoken to a sibling in 15 years. No spouse or children. Under Florida intestacy, that sibling may inherit everything. A simple will would have directed your estate elsewhere.

Minor Children Inherit

Your children inherit at 18 with no restrictions. A 18-year-old with no financial guidance receives a large sum and the court-supervised guardianship costs have already reduced it significantly.

Business Owner

Your business interest passes to multiple heirs under intestacy — potentially including relatives with no knowledge of or interest in the business. Operations may be disrupted or the business forced to dissolve.

Out-of-State Property

You own real property in Florida and another state. Without a trust, both estates go through probate separately — probate in Florida and ancillary probate in the other state. Double the cost, double the time.

What Happens to Your Accounts and Property

Bank and Investment Accounts

Accounts titled solely in your name without POD (payable on death) or TOD (transfer on death) designations go through probate and are subject to intestacy. Accounts with named beneficiaries pass directly to those beneficiaries regardless of intestacy.

Life Insurance and Retirement Accounts

Life insurance and retirement accounts pass by beneficiary designation — not through your will or intestacy laws. If you named "my estate" as the beneficiary, those proceeds go through probate. If you named specific beneficiaries, they receive the funds directly.

Property You Own with Someone Else

Property you own as joint tenants with right of survivorship, or as tenancy by the entireties with your spouse, passes automatically to the surviving co-owner at your death — regardless of intestacy or your will.

Frequently Asked Questions

What happens if you die without a will in Florida?
If you die without a will in Florida, you die "intestate" and your assets are distributed according to Florida's intestacy statute (F.S. § 732.101 et seq.). The probate court appoints an administrator, and your estate is distributed to legal heirs in the order specified by Florida law — regardless of your actual wishes. Unmarried partners, stepchildren, friends, and charities receive nothing under intestacy.
Who inherits in Florida if there is no will?
Under F.S. § 732.102–732.103: If you have a spouse and all descendants are also the spouse's descendants, the spouse inherits everything. If you have a spouse and descendants from another relationship, the spouse and descendants each receive 50%. If you have no spouse, descendants inherit everything. If you have no spouse or descendants, assets go to parents, then siblings, then extended family. If no family is found, the estate escheats to the State of Florida.
Does Florida intestacy affect the homestead?
Yes — significantly. Under F.S. § 732.401, intestate homestead with a surviving spouse and descendants does not pass entirely to the spouse. The surviving spouse receives a life estate and the descendants receive the vested remainder. This means your children have a present ownership interest in your home from the day you die. A will or trust lets you control exactly how the homestead is handled.
Can my unmarried partner inherit in Florida without a will?
No. Florida intestacy laws do not recognize unmarried partners, regardless of the length or nature of the relationship. Without a will, trust, or beneficiary designation in your partner's favor, your partner receives nothing from your estate. A will, trust, or beneficiary designations are essential for unmarried couples who want to provide for each other.
What happens to my minor children if I die without a will in Florida?
Without a will, a Florida probate court appoints a guardian of the property to manage your children's inheritance under court supervision. You cannot nominate who that person is. At 18, your children receive their entire inheritance outright. A will names your preferred guardian and can establish a trust that holds your children's inheritance until a more appropriate age.

Related Reading

Take Control — Create Your Florida Estate Plan Today

Do not let Florida's intestacy laws decide what happens to your family. the Florida Estate Kit prepares your complete estate plan in days — flat-fee, attorney-reviewed, and built for Florida law.

Start Your Florida Estate Plan →

This article is for general informational purposes only and does not constitute legal advice. Florida intestacy law is complex and highly fact-specific. Contact Cornerstone Wealth & Legacy Law for advice regarding your specific estate planning needs. Arthur Simpson, Esq. is licensed to practice law in the State of Florida.