If you die without a valid will in Florida, state law determines who receives your assets. This is known as dying “intestate.”
Florida’s intestacy laws follow a legal formula that may or may not reflect your wishes or family circumstances.
Who Inherits?
Inheritance rights generally depend on:
- whether there is a surviving spouse
- whether there are children
- whether children are from prior relationships
- whether other relatives survive
Without a will, you also lose the ability to:
- choose who manages your estate
- nominate guardians for minor children
- direct specific gifts
- clearly express your wishes
Does Dying Without a Will Avoid Probate?
No. An estate without a will may still go through probate in Florida. In some situations, probate can become even more complicated without clear estate planning documents.
See:
Why Proper Planning Matters
We often work with families who assumed “everything would automatically go where it should,” only to discover that Florida law may produce unintended results.
Thoughtful estate planning can help provide clarity, reduce uncertainty, and protect the people you love.




