If you die without a will in Florida, state law decides how to distribute your assets. This process affects who inherits and how your estate moves forward.
What intestate means in Florida
When you pass away without a will, your estate is considered intestate. Florida law then determines how your probate assets are distributed under Florida Statute §732.101.
You include probate assets as property you own in your name without a beneficiary. You exclude assets with named beneficiaries or joint ownership because they transfer outside probate.
Who inherits under intestacy laws
Florida follows a set order when distributing assets. Your family structure determines who receives your property. Here is how distribution typically works:
- Spouse only: Your spouse receives the full estate.
- Spouse and shared children: Your spouse still inherits everything.
- Spouse and children from another relationship: Spouse receives half, children share the other half.
- Children only: Children inherit equal shares.
- No spouse or children: Parents inherit first, then siblings.
If no heirs exist, the estate may pass to the state. These rules may not reflect your preferences. Unmarried partners, friends and charities are generally excluded.
Why dying without a will can create issues
Intestacy affects both distribution and control. It determines who inherits and who manages your estate.
The court appoints a personal representative to manage your estate. You do not choose this person. The probate process also takes time and may increase costs.
Family members may disagree over decisions. Without clear instructions, conflicts can develop over assets or responsibilities.
What assets are not controlled by intestacy
Some assets transfer outside intestacy. Ownership structure or beneficiary designations control these transfers. Common examples include:
- Life insurance policies: Paid directly to the named beneficiary.
- Retirement accounts: Transferred based on beneficiary forms.
- Jointly owned property: Passes to the surviving owner.
These assets do not pass under intestacy law. This distinction can change how your overall estate divides.
When to consider legal guidance
Florida intestacy laws create a default plan but they may not reflect your intentions. They also prevent you from choosing who manages your estate.
You may also benefit from speaking with an attorney who can explain how these laws apply to your specific situation and help you understand your options.
