Dying without a will is called dying 'intestate.' When that happens in Florida, a set of state laws — not you — determines who inherits your property, who manages your estate, and even who may raise your children. Understanding these rules is the clearest reason to make a plan of your own.
Florida's Intestacy Rules in Plain English
When there is no will, Florida Statutes Chapter 732 lays out a fixed order of who inherits. The outcome depends on whether you are married and whether you have children — and from whom.
Here is a simplified version of how Florida distributes an estate with no will:
- Married with no children: your spouse inherits everything.
- Married with children who are all from that marriage: your spouse inherits everything.
- Married with children from another relationship: the estate is split, generally half to the spouse and half to the children.
- Unmarried with children: your children inherit equally.
- Unmarried with no children: the estate passes to parents, then siblings, then more distant relatives.
Who Controls Your Estate
Without a will, you do not get to name the person who settles your affairs. Instead, the probate court appoints a personal representative according to a priority list set by law.
That could be someone you would not have chosen. By contrast, a will lets you name a trusted person in advance and avoid disputes among family members about who is in charge.
What About Your Children?
If both parents pass away without naming a guardian, a Florida judge decides who raises any minor children. The judge does their best, but they never knew your family the way you do.
Naming a guardian in your will is one of the most important reasons for parents to put their wishes in writing.
The Hidden Costs of No Plan
Intestate estates are often slower and more expensive to settle. Family members may disagree, assets can be tied up for months, and the people you cared about most may not receive what you intended.
A simple will avoids this uncertainty. It is an affordable, straightforward way to make sure your wishes — not a default formula — guide what happens.
Frequently Asked Questions
Does my spouse automatically get everything if I have no will?
Not always. If you have children from a previous relationship, Florida law generally splits the estate between your spouse and your children rather than giving everything to your spouse.
Can the state take my property if I have no will?
Only in rare cases where no living relatives can be found does property 'escheat' to the state. Usually it passes to relatives according to the intestacy order, but possibly not to the people you would have chosen.
Is making a will really worth it?
Yes. A will lets you choose your heirs, your personal representative, and a guardian for your children, while reducing cost and delay for your family. Legacy Legal AI makes one for as little as $59.