What Happens If You Die Without a Will in Florida?

By Vito Bavaro, Esq. | Bavaro Legacy Law, PLLC | Lakewood Ranch & Sarasota, Florida

Wills Attorney Lakewood Ranch | Estate Planning Attorney Sarasota | Florida Intestate Succession | Lakewood Ranch Estate Planning Attorney | Sarasota Probate Lawyer

More people than you would think pass away in Florida without a will. Some meant to get to it. Some assumed their family would just work it out. Others believed that because they were married, everything would automatically go to their spouse.

Florida law has an answer for every one of those situations. It just might not be the answer you would have chosen.

Here is what actually happens.

Florida Has a Default Plan for You

When someone passes away without a will, the law says they died intestate. Florida does not leave it up to your family or a judge to decide who gets what. The Florida Statutes lay out exactly who inherits and in what order. This is called intestate succession.

The state’s plan is the same for everyone. It does not know that you were estranged from a sibling, that your stepchildren were like your own, or that you promised your niece your house. It only looks at legal relationships.

If You Are Married

Many married couples assume their spouse gets everything. In Florida that is true in some situations but not all of them.

Your spouse receives your entire estate if you have no children or other descendants. Your spouse also receives everything if all of your children are also your spouse’s children and your spouse has no other children.

Your spouse receives only one half of your estate if you have children from a prior relationship, or if your spouse has children from a prior relationship. The other half goes to your descendants.

That second situation surprises a lot of families. In a blended family a surviving spouse can end up sharing the estate with stepchildren, and the stepchildren can end up co-owning property with someone they may not be close to.

If You Are Not Married

If you are not married, your estate goes to your children and other descendants. If you have no descendants, it goes to your parents. If your parents are not living, it goes to your brothers and sisters and their children. After that the law looks further out to grandparents, aunts, uncles, and cousins.

An unmarried partner receives nothing under Florida’s intestacy laws, no matter how long you were together. The same is true for stepchildren you never legally adopted and for close friends. If no relative can be found at all, your estate goes to the State of Florida.

What Happens to Your Home?

Florida homestead law adds another layer. If you pass away without a will and leave behind a spouse and children, your spouse does not automatically inherit the house outright.

Instead your spouse receives a life estate, meaning they can live in the home for the rest of their life, and your children receive the home after that. Your spouse can choose a one half ownership interest instead, shared with your children, but that choice must be made within six months of your death.

Either way, your spouse and your children end up sharing ownership of the home. Selling it or refinancing it can require everyone to agree. When stepchildren are involved, that can create real tension. You can read more in our article on Florida homestead law.

Your Family Will Still Go Through Probate

Not having a will does not avoid probate. It usually makes probate harder. Assets in your name alone still need to go through the court process before your family can receive them.

Without a will you have not named the person you want handling your estate, so the court decides who will serve as personal representative. Florida law gives preference to a surviving spouse, then to the person chosen by a majority of the heirs, and then to the closest relative. If family members disagree about who should be in charge, that disagreement plays out in court.

What About Your Children?

If you have minor children, your estate plan is where you name who should raise them if something happens to you. Without that, a judge makes the decision.

Money is another issue. In Florida a minor who inherits more than fifteen thousand dollars generally needs a court supervised guardianship of property to manage it. That means court filings, annual accountings, and ongoing legal costs until the child turns eighteen. And at eighteen the money is theirs to do with as they please.

What Most Families Do Not Realize

Beneficiary designations still control. Life insurance, retirement accounts, and payable on death accounts pass to the people you named, with or without a will. That is a good thing, but it also means an outdated beneficiary form can send money somewhere you never meant it to go.

Dying without a will often costs more. Disagreements over who serves, tracking down distant relatives, and court supervision for minor children all add time and expense that a simple plan would have prevented.

Most of this is avoidable. The families who end up in the hardest situations are usually not the ones with the most money. They are the ones who never got around to writing anything down.

What Are Your Options?

An estate plan does not need to be complicated. A will lets you decide who inherits, who handles your estate, and who cares for your children. A revocable living trust can go a step further by keeping your estate out of probate entirely. Powers of attorney and health care documents protect you and your family while you are still living.

The right combination depends on your family, your assets, and your goals. What makes sense for a young family in Lakewood Ranch can look very different from what a retired couple in Sarasota needs.

At Bavaro Legacy Law every plan is built around the family in front of us, with flat fees quoted upfront. If you do not have a will, or your will has not been updated in years, a free consultation is the best place to start.

The Bottom Line

If you pass away without a will in Florida, the state decides who inherits your property, the court decides who manages your estate, and your children’s inheritance may end up under court supervision. Blended families, unmarried couples, and parents of young children are the most likely to be surprised by the result.

Putting a plan in place is the only way to make sure those decisions stay yours.

Vito Bavaro, Esq. is the founder and managing attorney of Bavaro Legacy Law, PLLC, serving families across Lakewood Ranch, Sarasota, Bradenton, Venice, and surrounding Manatee and Sarasota County communities. If you are searching for a wills attorney in Lakewood Ranch, an estate planning lawyer in Sarasota, or help understanding what happens to an estate without a will, we are here to help. To schedule a free consultation visit bavarolegacylaw.com or call us directly.

The information in this article is for general educational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this post. Please consult a licensed Florida attorney for advice specific to your situation.

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Estate Planning Lakewood Ranch | Estate Planning Sarasota | Florida Estate Planning Attorney | Lakewood Ranch Estate Attorney | Sarasota Estate Planning LawyerBy Vito Bavaro, Esq. | Bavaro Legacy Law, PLLC | Lakewood Ranch & Sarasota, Florida