What Happens If You Die Without a Will in Florida?
Florida already has an estate plan for you. Here's who inherits, and why the state's default may not be what you would choose.
By: George Taylor
Every Florida resident already has an estate plan. If you never sign a will, the Florida Legislature has written one for you, and it takes effect the moment you die. It is called intestacy, and it decides who inherits your property when you die without a will in Florida (or without a valid one).
Here is the quick answer: Florida law hands your estate to your closest relatives in a fixed order, starting with your spouse and children. For a simple family, that may be exactly what you would want. For a blended family, an unmarried partner, or anyone with specific wishes, it can produce an outcome you would never have chosen. This is a planning post, meant to show you what happens if you do nothing.
What does "Dying Without a Will" Mean?
Dying "intestate" means dying without a valid will directing where your property goes. You reach the same place if you leave a will that fails Florida's signing and witnessing rules, because an invalid will is treated as no will at all. (See our companion post on what makes a will valid in Florida.) Whatever your will does not validly dispose of passes under Florida's intestacy statutes.
Who Inherits if You are Married?
Your spouse's share depends on your children. If you have no descendants, your spouse inherits everything. If the only children are yours together, and neither of you has a child from another relationship, your spouse still inherits everything. But if either you or your spouse has a child from another relationship, your spouse's share drops to one-half, and your descendants split the other half. Many married couples are surprised that a surviving spouse does not automatically receive the entire estate.
Who Inherits if You Have No Spouse?
With no surviving spouse, your estate passes down your family tree in this order:
- Your children and their descendants, by branch of the family, so a deceased child's share goes to that child's own children.
- If none, your parents.
- If none, your brothers and sisters and the descendants of any who have died.
- If none, more distant kin: grandparents, then aunts, uncles, and cousins.
- If no relative can be found at all, your estate goes to the state and is deposited in Florida's school fund. That result is rare, but it happens.
One point catches people off guard: intestacy recognizes only relatives by blood, adoption, or marriage. An unmarried partner inherits nothing, no matter how long you were together. Stepchildren you never legally adopted inherit nothing. Friends, godchildren, and charities receive nothing.
When is the Default Plan Fine, and When isn't it?
For a married person whose only children are shared with their spouse, intestacy roughly mirrors what most people want: the spouse takes everything. If that is your situation, the state's plan may serve you well.
It works less well in common situations. In a blended family, your spouse and your children from another relationship can end up co-owning your assets, including your home, whether or not they get along. Anything left to a minor is managed under court supervision until the child turns 18, then handed over outright. You also give up the right to choose who settles your estate (see our post on who can serve as personal representative). And you cannot leave anything to a partner, a friend, or a cause that matters to you.
Your home may not even follow these rules. Florida homestead property descends under separate protections that can leave a spouse a life estate shared with the children. That subject deserves its own post, and we will cover it next.
The takeaway is simple. You already have an estate plan; the only question is whether it is the state's or your own. A valid will lets you replace the default with your actual wishes.
Brinkley Morgan helps Florida families put estate and trust plans in place that stand up when they're needed most. Contact George Taylor to schedule a consultation.
Based on Florida Statutes §§ 732.101–732.111, with homestead governed by § 732.401 and the Florida Constitution. This article is general information, not legal advice.
Frequently Asked Questions
Does My Spouse Automatically Inherit Everything if I Die Without a Will in Florida?
Only in some cases. If you have no children, or your only children are shared with your spouse and neither of you has a child from another relationship, your spouse inherits everything. If either of you has a child from another relationship, your spouse receives one-half and your descendants share the rest.
Can my unmarried partner inherit if I die without a will?
No. Florida intestacy recognizes only relatives by blood, adoption, or marriage. An unmarried partner receives nothing under the default rules, regardless of how long you were together. A will is the way to provide for a partner.
What happens to my house if I die without a will?
Florida homestead property descends under special constitutional protections. If you are survived by a spouse and descendants, your spouse generally receives a life estate with the remainder passing to your descendants, unless the spouse elects a one-half ownership interest instead. These rules can differ from the rest of your estate.
Is an Invalid Will the Same as Having no Will?
Largely, yes. If your will does not meet Florida's signing and witnessing requirements, the property it cannot validly dispose of passes under the intestacy statutes, as though you had no will.
What Happens if I Have no Living Relatives?
If no spouse or kindred can be found, your estate escheats to the state and is deposited in Florida's State School Fund. This is uncommon, but it does occur.
