What Happens If You Die Without a Will in Florida?

It’s a question most people don’t ask until it’s too late: What happens if you die without a will in Florida? Suddenly, a grieving family is left sorting through paperwork, personal conflicts, probate procedures, and decisions that feel anything but clear. 

If you’re in this situation or want to ensure your loved ones never have to be, learning what the law says is a wise and compassionate first step.

This guide explains what happens under Florida law when someone passes without a will, how assets are distributed, and who is appointed to manage the process.

Florida’s Intestacy Laws: How Property Gets Distributed

When someone dies without a valid will, they are said to have died “intestate.” In Florida, the court follows a legal formula to decide who inherits what based on family relationships. The order of distribution is as follows:

• If you leave behind a spouse and no children. The spouse inherits everything.
• If you have a spouse and children with that spouse. The spouse still inherits everything.
• If you have a spouse and children from a previous relationship. The spouse gets half, and your children from the prior relationship split the other half.
• If you have children but no spouse. Your children divide your estate equally.
• If you have no spouse or children. Parents, siblings, nieces, and nephews may inherit next, depending on who survives you.

This list follows a legal order of priority and does not consider personal preferences or family relationships.

What If You’re Estranged from Family?

Florida law doesn’t consider emotional closeness, only legal relationships. If you pass away without a will, your estate may go to someone you haven’t spoken to in years. For many, that alone is a powerful reason to put a clear estate plan in writing.

Probate Process for Estates Without a Will

Estates without a will go through probate in Florida. This is a court-supervised process for gathering assets, paying debts, and distributing what’s left. If heirs disagree or someone contests the process, probate can become longer and more expensive.

Who Becomes Executor If There Is No Will in Florida?

In Florida, when a person dies without a will, the probate court appoints a Personal Representative according to statutory priority. Priority typically begins with the surviving spouse, followed by children, parents, or siblings under state law. The appointed representative must be a qualified Florida resident or close relative and is responsible for managing the estate, paying debts, and distributing assets under Florida’s intestate succession rules.

The court follows this priority for appointment:

• A surviving spouse, if willing and qualified;
• Someone selected by a majority of heirs; or
• If there’s no consensus, the judge chooses a qualified person.

The appointed personal representative must be a Florida resident (or a close family member if out of state) and meet legal qualifications.

Responsibilities of the Personal Representative

Following the appointment, the personal representative will be responsible for:

• Collecting and valuing the estate assets,
• Paying any taxes or outstanding debts, and
• Distributing remaining assets based on intestate succession rules.

The personal representative is responsible for fully managing the estate throughout the process, from the initial steps to the closing of probate.

Common Challenges When Dying Without a Will in Florida

Without a will, the probate process can quickly become more complicated. Below are some issues that often arise:

• Delays in court appointments. Without a named executor, appointing a representative can take longer.
• Conflicts among heirs. Family members may disagree on who should manage the estate or what assets belong to whom.
• Inheritance going to unintended relatives. The court only considers legal relationships, not personal wishes.
• Additional legal costs. Disputes and extended court oversight often mean more time and legal fees.

That’s why so many people choose to document their wishes formally, regardless of how straightforward their assets may seem.

Dying Without a Will in Florida: What You Can Do Now

If you’re concerned about passing without a will, or if you’re thinking about your estate, consider taking the following steps now:

• Identify the loved ones you want to take care of when you pass,
• Discuss with your family who should serve as executor of your estate,
• Begin preparing an inventory of your assets and liabilities, and
• Seek legal guidance to help you put it all together..

Working with an estate planning attorney can clarify the process and help you make informed decisions about your estate.

Trust Bucelo Diaz Law for Your Estate Needs

Florida law dictates what happens if you pass away without a will, often against your wishes.. Whether you’re facing probate without a will or want to put your wishes in writing, we’re here to guide you through every step.

At Bucelo Diaz Law, we know how confusing and emotional intestate matters can be. We provide compassionate, clear legal support grounded in over 15 years of experience. Our founding attorney holds an advanced law degree in Estate Planning, and our bilingual team serves clients across Florida with respect and care. Contact us today to start planning your legacy.

Resources:

• Florida Intestacy Statutes. Florida Legislature, link.
• The Eighth Judicial Circuit of Florida, Florida Probate Information, link.
• SmartAsset, Inheritance Laws in Florida (December 2024), link.
• The Florida Bar, Do You Have a Will? Consumer Pamphlet: Probate in Florida, link.

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