Dying without a will in Florida is more common than most people think. When it happens, your loved ones are not automatically left without options, but they do lose control over key choices. Florida law steps in with default rules for who inherits, who is in charge, and how property is transferred. That process is called dying “intestate.” If you want your family to avoid confusion, delays, and conflict, it helps to understand exactly what intestate succession looks like in Florida and what simple planning steps can prevent it.

What “Dying Without a Will” Means in Florida

If you die without a valid will, Florida treats your estate as intestate. That means:

• The state decides who inherits your probate assets
• The court process is still required for many assets
• Your family may need to ask a judge to appoint someone to handle your affairs

Important note: “Without a will” usually means without a will that is legally valid. A will that is unsigned, improperly witnessed, or challenged successfully can sometimes lead to an intestate result.

What Assets Are Affected If You Die Without a Will?

Not everything you own is controlled by a will. Understanding the difference between probate and non probate assets is crucial.

Probate Assets

These are the assets that generally require probate to transfer ownership and are affected by intestate rules:

• Real estate titled in your name alone
• Bank accounts titled in your name alone without a payable on death designation
• Personal property like jewelry, furniture, collectibles
• A refund due to you, final paycheck, or similar items payable to your estate

Non Probate Assets

These typically pass outside probate and are usually not controlled by intestate succession:

• Life insurance with a named beneficiary
• Retirement accounts with a named beneficiary
• Assets held in a trust
• Jointly owned assets with survivorship rights
• Accounts with transfer on death or payable on death designations, if the institution offers them

Practical takeaway: Many families are shocked to learn that some assets transfer quickly while others get stuck in probate, especially real estate and individually titled accounts.

Who Inherits If You Die Without a Will in Florida?

Florida’s intestate succession rules prioritize close family. The specific outcome depends on who survives you.

If You Are Married and Have No Descendants

If you die with a surviving spouse and no children or other descendants, your spouse typically inherits your intestate probate estate. If you are considering divorce, it is important to understand that your spouse will inherit from you until you are legally divorced.

If You Are Married and Have Children Together

If all of your children are also the children of your surviving spouse, your spouse typically inherits your intestate probate estate.

If You Are Married and Have Children From Another Relationship

This is where intestate succession can surprise people. When you have a surviving spouse and at least one descendant who is not the descendant of that spouse, your spouse and descendants generally split the intestate probate estate under Florida’s statutory formula. This can create financial stress and conflict, especially if your spouse expects to keep the home or needs funds for living expenses.

If You Are Not Married and Have Children

Your children typically inherit your intestate probate estate, generally in equal shares.

If You Have No Spouse and No Children

Florida looks to the next closest relatives, usually in this order:

• Your parents
• Your siblings and their descendants
• More distant relatives if needed

If no eligible relatives can be located under Florida law, the estate can eventually “escheat” to the state, meaning it may transfer to the State of Florida.

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