What Happens If You Die Without a Will in Florida?

Many people assume that if they pass away without a will, their spouse or children will simply inherit everything. In Florida, that is not always how it works. When you die without a will—known as dying “intestate”—state law decides who gets your property, and the results can surprise your family. Here is what actually happens under Florida’s intestate succession laws.

What Does “Dying Intestate” Mean?

Dying intestate means passing away without a valid will. When that happens, Florida’s intestate succession statutes—not your wishes—control who inherits your assets. The court appoints a personal representative, and your property is distributed according to a fixed legal formula based on your surviving family members.

Who Inherits Under Florida’s Intestate Succession Laws?

Florida law distributes an intestate estate roughly like this:

• Spouse, no descendants: Your spouse inherits everything.
• Spouse and shared children only: Your spouse inherits everything (when all children are also the spouse’s).
• Spouse and children from another relationship: Your spouse receives half, and your descendants share the other half.
• Children, no spouse: Your children inherit everything, divided equally.
• No spouse or children: The estate passes to parents, then siblings, then more distant relatives.

Notice what is missing: unmarried partners, close friends, stepchildren you never adopted, and favorite charities receive nothing under intestate law, no matter how close you were.

The Problems With Letting the State Decide

• No say over guardianship: Without a will, a judge—not you—decides who raises your minor children.
• Unintended heirs: Estranged relatives may inherit while the people you love are left out.
• Delays and cost: Intestate estates often take longer and cost more in probate.
• Family conflict: Ambiguity and surprise can turn grieving families against each other.

What About Non-Citizens and Mixed-Status Families?

Immigration status does not by itself prevent someone from inheriting under Florida law. But intestate estates involving non-citizen spouses, heirs living abroad, or foreign assets can become complicated quickly. A tailored estate plan is especially important for immigrant and mixed-status families to avoid unnecessary taxes and delays.

How to Avoid Intestacy

The solution is simple: put a plan in place. A basic estate plan—a will, and often a living trust—lets you decide exactly who inherits, name a guardian for your children, and spare your family the uncertainty of intestate succession. It is one of the most caring things you can do for the people you leave behind.

Don’t leave your family’s future to a state formula. Call Alfredo J. Rubio Law, PLLC at 1-844-PODEMOS for a free estate planning consultation—in English or Spanish. Learn more about our Florida estate planning services.

Frequently Asked Questions

Does my spouse automatically inherit everything if I die without a will in Florida?

Not always. Your spouse inherits everything only if you have no descendants, or if all your descendants are also your spouse’s. If you have children from another relationship, your spouse shares the estate with your descendants.

What happens to my minor children if I die without a will?

Without a will naming a guardian, a Florida court decides who will raise your minor children. A will lets you nominate the guardian you trust rather than leaving that decision to a judge.

Do unmarried partners inherit under Florida intestate law?

No. Unmarried partners inherit nothing under Florida’s intestate succession laws, regardless of how long you were together. Only a will, trust, or beneficiary designation can provide for a partner.

Can I avoid probate by not having a will?

No—dying without a will usually makes probate more complicated, not less. To reduce or avoid probate, you need proactive planning such as a living trust, joint ownership, or beneficiary designations.