If you want a quick checklist of what to avoid, start here.

Mistake 1: Assuming your spouse automatically gets everything

That is not always true, especially in blended families.

Mistake 2: Assuming your kids can “just split it”

Minors cannot receive assets outright without legal structure, and even adult children can end up in conflict without clear authority and instructions.

Mistake 3: Assuming a handwritten note counts as a will

Florida has strict requirements for wills. Informal documents often do not hold up.

Mistake 4: Assuming your partner has legal rights

Without marriage or legal documents, a long term partner may have no inheritance rights.

Mistake 5: Leaving your family without a decision maker

When nobody is nominated to serve, the court appointment process can fuel conflict.

FAQs About Dying Without a Will in Florida

If I die without a will, does my spouse automatically inherit everything?

Often yes, but not always. The outcome can change if you have children from another relationship.

If I die without a will, do my children inherit everything?

If you are not married at death, children typically inherit your intestate probate estate. If you are married, the spouse may inherit all or share depending on family circumstances.

Does Florida recognize common law marriage for intestate inheritance?

Florida generally does not recognize new common law marriages, and unmarried partners do not typically inherit under intestate rules.

Can a handwritten will work in Florida?

Florida has specific signing and witnessing requirements. Many handwritten documents do not meet them.

What happens to my house if I die without a will?

It depends on how the house is titled and whether it qualifies as homestead. Probate may be required if it is in your name alone.

Who chooses the personal representative if there is no will?

The court appoints someone based on Florida law and priority rules, and disputes can arise if multiple people seek the role.

Do I need probate if there is no will?

Often yes for probate assets. Non probate assets may transfer without a probate case.

Can my family avoid court if there is no will?

Sometimes, but it depends on how assets are titled and whether a simplified process applies.

How long does intestate probate take in Florida?

It varies widely based on assets, disputes, creditor issues, and court schedules. However, probates generally take no less than six months to one year.

The Bottom Line and the Next Best Step

If you die without a will in Florida, the state’s default rules decide who inherits your probate assets, and the court decides who is in charge of the process. For many families, the biggest cost is not money. It is uncertainty, delay, and conflict at the worst possible time.

If you want to keep control and make things easier for the people you love, a simple plan can go a long way. If you would like help creating a Florida will or trust that fits your situation, you can reach out through our Contact Page.