What Happens If You Die Without a Will in Florida?
If you die without a will in Florida, you die intestate. That means Florida’s intestate succession laws—not your personal wishes—determine who receives assets that pass through probate. The result can be especially problematic for unmarried partners, stepchildren, and blended families, whose intended roles may not be reflected in the statutory inheritance rules.
At Simmons, Finney & Winfield, LLC, our Port St. Lucie, Florida office helps individuals and families create clear, practical plans for the future. Evett L. Simmons, Esq., works with Florida clients to address the estate-planning decisions that intestacy leaves to the state.
What Does “Dying Intestate” Mean in Florida?
Dying intestate means a person dies without a valid will that directs how probate assets should be distributed. Florida Statutes §§ 732.101–732.111 establish the framework for intestate succession. These laws apply to assets titled solely in the deceased person’s name when no beneficiary designation, survivorship provision, trust, or other non-probate transfer controls the asset.
Intestate succession is not a personalized plan. It does not ask who needed financial support, who provided care, which child is most responsible, or whether you had promised an item to a longtime partner or friend. Instead, it applies a statutory order of inheritance.
Probate can also involve questions beyond distribution, including creditor claims, administration costs, homestead issues, and the appointment of a personal representative. A carefully prepared Estate Planning
plan can help families understand how those pieces fit together before a loss occurs.
Florida’s Intestate Succession Hierarchy
After determining the surviving spouse’s share, Florida law generally directs the remaining intestate estate through a hierarchy of relatives. First, the estate passes to the deceased person’s descendants. If there are no descendants, it passes to the deceased person’s parents. If there are no surviving parents, it passes to siblings and the descendants of deceased siblings.
If none of those relatives survive, the law continues through more remote paternal and maternal relatives. This structure may sound straightforward, but real families often are not. A second marriage, children from prior relationships, estranged relatives, and jointly owned property can make an estate administration far more complicated than expected.
How Much Does a Surviving Spouse Inherit?
Many people assume a spouse automatically receives everything. In Florida, that is sometimes true—but not always. A surviving spouse generally receives the entire intestate estate when the deceased person has no surviving descendants. The spouse also generally inherits the full intestate estate when all of the deceased person’s descendants are also descendants of that spouse and the surviving spouse has no descendants from another relationship.
However, a surviving spouse may receive only one-half of the intestate estate when the deceased person has one or more descendants from another relationship. The spouse may also receive one-half when all of the deceased person’s descendants are shared children, but the surviving spouse has descendants who are not descendants of the deceased person.
For blended families in Port St. Lucie, Fort Pierce, Tradition and St. Lucie West, this distinction can have major consequences. A will can provide a more deliberate plan for a spouse while also protecting children from an earlier relationship. It can also address the practical question of who should manage the estate.
Do Unmarried Partners Inherit in Florida?
Under Florida intestate succession law, an unmarried partner is not an heir simply because the couple shared a home, raised children, or maintained a long-term relationship. Without a will, trust, beneficiary designation, or another legally effective arrangement, an unmarried partner generally inherits nothing through intestacy.
This is one of the most important reasons unmarried couples should not rely on informal conversations about their wishes. A partner could be left without an expected inheritance, and relatives who were not part of the couple’s daily life could inherit instead. Intentional planning is particularly important when a couple owns a residence, maintains joint financial responsibilities, or wants to provide for each other’s children.
What About Stepchildren and Biological Children?
Florida’s intestate laws protect descendants, but they do not automatically treat stepchildren as heirs. A stepchild generally does not inherit from a stepparent under intestate succession unless the stepchild was legally adopted by that stepparent or the stepchild is otherwise included in a valid estate plan.
By contrast, a deceased person’s biological and legally adopted children may inherit as descendants under the statutory scheme. This can create an unintended imbalance in blended families: a person may have raised a stepchild for decades, yet that child may receive no share while other descendants inherit by law. A properly drafted will can identify the people you intend to benefit rather than leaving those decisions to default rules.
Minor Children and Guardianship Decisions
A will does more than direct property. Parents can use it to nominate a guardian for minor children if both parents are unable to care for them. Without that nomination, a court may need to appoint a guardian. Florida courts consider statutory qualifications, family relationships, the child’s interests, and other relevant circumstances when making guardianship appointments.
A will does not replace the court’s responsibility to protect a child’s best interests, but it gives the court important evidence of a parent’s wishes. It also creates an opportunity to name an alternate guardian and coordinate financial planning for a child’s inheritance. For parents in Jensen Beach, Palm City, and throughout the Treasure Coast, naming a guardian is often among the most personal and urgent estate-planning decisions.
How a Valid Florida Will Can Help
A valid Florida will allows you to decide who inherits probate assets, nominate a personal representative, make specific gifts, provide for loved ones outside the intestate hierarchy, and nominate a guardian for minor children. Under Florida law, a traditional will must be in writing, signed by the testator, and properly witnessed by at least two attesting witnesses. Notarization is not what makes the will valid, but a notarized self-proving affidavit is strongly recommended because it may simplify the probate process by reducing the need to locate witnesses later.
Planning is not only for large estates. A will can offer direction for a family home, personal property, bank accounts, business interests, and sentimental belongings. It can also work alongside beneficiary designations and other planning tools. Learn more about Wills & Trusts
and how they may fit your goals.
FAQ
Does everything go through probate if there is no will?
No. Assets with valid beneficiary designations, certain jointly owned assets, and assets held in trust may pass outside probate. The specific title and designation documents matter.
Can I choose who inherits if I do not have a will?
Not for probate assets. Without a valid will or another effective transfer arrangement, Florida’s intestate succession laws control.
Can a friend inherit if I die without a will in Florida?
Generally, no. Friends are not included in Florida’s statutory line of intestate heirs.
Does a handwritten will work in Florida?
A handwritten document is not automatically valid. Florida requires compliance with its will-execution formalities, including the required witnessing process.
When should I update my will?
Review your plan after marriage, divorce, the birth or adoption of a child, a significant change in assets, a move, or a change in the people you want to protect.
Contact Simmons, Finney & Winfield at (772) 873-5900 or visit https://sfwlegalteam.com/contact/ to schedule a consultation with Evett L. Simmons at our Port St. Lucie office. We serve St. Lucie County, Fort Pierce, Tradition, Jensen Beach, Palm City, and surrounding Treasure Coast communities.