What Happens If You Die Without a Will in Florida? The Harsh Truth

Every year, thousands of Floridians die without a valid will. The result is almost always the same: family conflict, unexpected distributions, and a lengthy probate process that drains the estate of money and time. Here is exactly what happens when you die intestate in Florida — and why it matters to you right now.

What Does 'Dying Intestate' Mean in Florida?

Dying intestate simply means dying without a valid will. When this happens, Florida's intestacy statutes — found in Chapter 732 of the Florida Statutes — take over. These laws provide a rigid formula for distributing your estate based on family relationships, completely ignoring your actual wishes.

Who Gets Your Assets Under Florida's Intestacy Laws?

The distribution depends on your family situation. If you have a surviving spouse and no descendants: your spouse inherits everything. If you have a surviving spouse and descendants who are also the spouse's descendants: your spouse inherits everything. If you have a surviving spouse and descendants from a prior relationship: your spouse receives 50% and your descendants receive 50% — a situation that often creates serious family conflict. If you have no surviving spouse: your estate goes to your descendants, then to your parents, then to your siblings.

Who Gets Nothing Under Florida's Intestacy Laws

Unmarried partners — even those who have lived together for decades — receive nothing under Florida intestacy law. Charities you intended to support receive nothing. Stepchildren who are not legally adopted receive nothing. Close friends who you considered family receive nothing. If this is not how you would want your estate distributed, you need a will or trust today.

What Happens to Your Children Without a Will?

Without a will naming a guardian for your minor children, a Florida court will appoint one — without any guidance from you. The person appointed may not be who you would have chosen. The court will consider the best interests of the child, but you will have given up your voice entirely. A simple will gives you the power to designate exactly who raises your children if something happens to you.

Protect your family now. At Bechert & Associates, P.A., we create comprehensive estate plans for Pompano Beach and Broward County families. AV-rated. Free consultation. Call (954) 941-8363 today.