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What Happens If I Die Without a Will? A Florida Lawyer’s Guide to Intestate Succession

Posted by Adalbert Martinez | Jan 22, 2025 | 0 Comments

Estate planning is an essential step in ensuring your assets are distributed according to your wishes. But what happens if you pass away without a will? In Florida, as in other states, your estate will be subject to intestate succession laws. Here, we'll explain what that means, how it works, and why having a will is crucial to protect your family and your legacy.

What Does It Mean to Die Without a Will?

If you die without a valid will in Florida, you are said to have died "intestate." When this happens, Florida's intestate succession laws determine how your assets are distributed. The court will oversee the process of identifying heirs, dividing property, and settling your estate according to these laws, regardless of your personal wishes.

How Are Assets Distributed Under Intestate Succession?

Florida's intestate laws prioritize close family members when distributing assets. Here's a general overview:

  1. If You're Married and Have No Children:

    • Your surviving spouse inherits your entire estate.

  2. If You're Married with Children (All Shared With Your Spouse):

    • Your surviving spouse inherits your entire estate.

  3. If You're Married with Children From Another Relationship:

    • Your surviving spouse receives half of your estate, and your children inherit the other half.

  4. If You Have Children But No Spouse:

    • Your children inherit your estate equally.

  5. If You Have No Spouse or Children:

    • Your estate goes to your parents. If they are no longer alive, your siblings inherit.

  6. If There Are No Immediate Family Members:

    • The estate is distributed to more distant relatives, such as grandparents, aunts, uncles, or cousins. If no relatives can be identified, the estate "escheats" to the state of Florida.

What About Non-Probate Assets?

Certain assets are not subject to intestate succession laws. These include:

  • Assets held in a living trust

  • Property with a right of survivorship, such as joint bank accounts

  • Life insurance policies and retirement accounts with designated beneficiaries

  • Payable-on-death (POD) or transfer-on-death (TOD) accounts

Even if you die without a will, these assets will go directly to the named beneficiaries or co-owners.

Potential Issues With Intestate Succession

While Florida's intestate succession laws aim to provide a fair distribution of assets, they may not reflect your personal wishes or unique family circumstances. Here are some common problems:

  1. Unintended Beneficiaries:

    • Assets may go to relatives you barely know or didn't intend to include.

  2. Exclusion of Non-Family Members:

    • Close friends, unmarried partners, or charitable organizations won't receive anything unless explicitly included in a will.

  3. Family Disputes:

    • Without clear instructions, disputes over asset division can arise, causing stress and division among family members.

  4. Delays and Costs:

    • The probate process for intestate estates can be lengthy and expensive, reducing the value of the inheritance.

Why You Should Have a Will

Creating a will allows you to:

  • Control Asset Distribution: Specify who inherits what, ensuring your wishes are honored.

  • Appoint Guardians for Minor Children: Without a will, the court decides who will raise your children if both parents are deceased.

  • Name an Executor: Choose a trusted individual to oversee your estate, rather than leaving it up to the court.

  • Simplify the Process: Reduce the burden on your loved ones by providing clear instructions.

How to Get Started

If you don't have a will, it's never too early to create one. An experienced Florida estate planning attorney can help you:

  • Understand your options and legal obligations.

  • Draft a will tailored to your needs.

  • Ensure your estate plan complies with Florida law.

Final Thoughts

Dying without a will can create unnecessary complications for your loved ones. By taking the time to plan your estate, you can protect your family, honor your wishes, and provide peace of mind.

Don't wait to secure your legacy. Contact our office today to schedule a consultation and take the first step toward a comprehensive estate plan.

About the Author

Adalbert Martinez

Welcome to The CYA Law Firm! Florida law firm with a singular focus—to protect and champion the interests of our clients. Assets On The Line? We Got You Covered! Adalbert Martinez MANAGING ATTORNEY During Law School, Al interned at WMU Cooley La...

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