What Happens If You Die Without a Will in Florida?

Estate planning might not be at the top of everyone’s to-do list, but creating a legally valid will is one of the most important ways to protect your family and ensure your wishes are followed. Dying without a will in Florida can leave your loved ones facing unexpected legal hurdles, financial stress, and lengthy court proceedings.

Without clear instructions, your estate will be distributed according to Florida’s intestate succession laws, which follow a strict formula that may not reflect your actual wishes. Whether you have a large estate or just a few assets, not having a will puts your family’s future at risk.

Understanding how Florida intestate succession works, and how the probate process unfolds when there’s no will, is essential for every Florida resident. Here’s what your family could face if you pass away intestate—and how creating a will today can help you avoid these risks.

1. How Florida Intestate Succession Works

• If you’re married with no children, your spouse inherits everything.
• If you have children from a different partner, your spouse gets half, and your children split the rest.
• If you have no spouse or children, your parents inherit the estate.
• If no parents are living, your estate goes to siblings, and if none exist, further relatives are considered.

2. The Florida Probate Process

Without a will, your estate must go through probate court, which can take months or even years. Court fees and attorney costs may also reduce the inheritance your family receives. Understand how the probate process works and why it can be costly and time-consuming.

3. Avoiding the Risks of Dying Without a Will

A will ensures your Florida property, bank accounts, and personal assets are distributed according to your wishes. It also allows you to appoint a guardian for minor children and specify funeral arrangements.

Secure Your Legacy with a Florida Estate Planning Attorney

Don’t leave your family’s future up to Florida’s intestate laws. Our experienced Florida estate planning attorneys can help you draft a will that protects your assets, honors your wishes, and keeps your loved ones out of unnecessary probate court.

Creating a will is just one part of your essential estate planning documents in Florida.

📞 Contact Fred E. Glickman P.A. today to schedule your FREE estate planning consultation.