When you die without a will in Florida, state law decides who inherits your property. These rules are called Florida intestate succession, and they follow a fixed order: your spouse, your children, your parents, your siblings and then more distant relatives. Your wishes, your friendships and your unmarried partner do not count. A court also chooses who will settle your estate. The good news is that all of this is avoidable. A Florida wills attorney can make sure your property goes to the people you choose. Here is exactly what happens if you die without a will in Florida, and how to prevent it.
What Happens If You Die Without a Will in Florida?
A person who dies without a valid will is said to die “intestate.” In that case, Florida intestacy laws in Chapter 732 of the Florida Statutes control three things:
- Who inherits your probate property
- How much each heir receives
- Who serves as personal representative to settle your estate
Intestacy only applies to assets that would otherwise pass through probate. Property with a named beneficiary or a survivorship feature passes outside these rules. We explain those assets later in this guide.
Florida Intestate Succession: Who Inherits Your Property
The Florida intestate succession laws start with your surviving spouse and your descendants. Descendants means your children, grandchildren and great grandchildren.
If You Are Married
Your spouse’s share depends on whether you have children and whose children they are.
| Your family situation | Who inherits |
|---|---|
| Spouse, no children or other descendants | Spouse receives everything |
| Spouse and children, all of them shared with your spouse, and your spouse has no other children | Spouse receives everything |
| Spouse and children, and at least one child is from a prior relationship | Spouse receives half; your descendants share the other half |
| Spouse and children all shared with your spouse, but your spouse has children from another relationship | Spouse receives half; your descendants share the other half |
This surprises many blended families. If you have a child from a previous relationship, your spouse does not automatically receive everything. Half of your probate estate goes to your children, including the children you share with your spouse.
If You Are Not Married
If there is no surviving spouse, Florida inheritance law with no will follows this order. Each group inherits only if no one in the group above it survives you.
- Your descendants, in equal shares. If one of your children has died, that child’s own children take their parent’s share.
- Your parents, equally, or the surviving parent alone.
- Your brothers and sisters, with the children of a deceased sibling taking that sibling’s share.
- Your grandparents and their descendants, such as aunts, uncles and cousins. Half goes to your father’s side and half to your mother’s side.
- The family of your last deceased spouse, meaning the relatives of a spouse who died before you.
- The State of Florida, if no eligible relative can be found. This is called escheat.
In practice, very few estates reach the State. But identifying distant heirs can take months, which is why families often need help to find heirs to an estate in Florida.
Special Rules Under Florida Intestacy Laws
Your Home Follows Its Own Rules
Your Florida homestead does not pass under the regular intestacy chart when you leave a spouse and descendants. Instead, your spouse receives a life estate, meaning the right to live in the home for life, and your descendants receive the home after your spouse dies. Within six months of your death, your spouse can choose to take a one half ownership interest instead, sharing the home with your descendants as co owners.
Either option can create tension in a blended family, because your spouse and your children from another relationship end up owning the same house.
Stepchildren Do Not Inherit
Stepchildren have no right to inherit from a stepparent who dies without a will, unless the stepparent legally adopted them. The only exception is near the end of the chain, where the family of a deceased spouse can inherit before the State does.
Adopted Children and Children Born Outside Marriage
Adopted children inherit exactly like biological children. A child born outside of marriage always inherits from the mother. The child inherits from the father if the parents married, if paternity was established by a court, or if the father acknowledged paternity in writing.
Unmarried Partners Receive Nothing
Florida does not recognize unmarried partners under its intestacy laws, no matter how long you lived together. Without a will, a trust or a beneficiary designation, your partner has no legal claim to your estate.
Half Siblings Receive a Half Share
When an estate passes to siblings or other relatives, relatives of the half blood receive half as much as relatives of the whole blood. If all of the heirs are half blood relatives, they share equally.
Assets That Pass Outside Florida Intestacy Laws
The transfer of property after death without a will in Florida only covers probate assets. Many assets pass directly to a named person, whether or not you have a will:
- Life insurance and retirement accounts with a named beneficiary
- Payable on death and transfer on death accounts
- Accounts and property owned jointly with right of survivorship
- Real estate owned with a spouse as tenants by the entirety
- Assets held in a revocable living trust
- Real estate transferred by a Lady Bird Deed
If the named beneficiary has died and no backup is listed, the asset usually falls back into your probate estate and passes under intestacy. Keeping these designations current matters, and our guide on how beneficiary designations work explains what to check.
Are Payable on Death Accounts Part of the Estate in Florida?
No. A payable on death account is not part of your probate estate. When you die, the bank pays the account directly to the named beneficiary once it receives a death certificate. The funds do not pass under your will or under intestacy, and no probate is needed to release them.
There is one important exception. Florida counts payable on death accounts as part of the “elective estate” when a surviving spouse claims the elective share, which is 30% of the elective estate. So these accounts avoid probate, but they can still be counted if a spouse challenges how the estate was divided.
Does Florida Have Transfer on Death Deeds?
No. Florida does not have a statutory transfer on death deed for real estate. Florida does allow transfer on death registration for brokerage and securities accounts. For real estate, Florida homeowners use a Lady Bird Deed, also called an enhanced life estate deed, which works the same way and keeps you in full control during your lifetime. You can read more about the transfer on death deed in Florida and its alternatives, or learn how a Lady Bird Deed can pass your home without probate.
Does a Transfer on Death Deed Override a Will?
Yes. In states that allow them, a transfer on death deed controls who receives the property, even if your will says something different. The same is true for a Florida Lady Bird Deed. The property passes directly to the beneficiary named in the deed, and it never becomes part of your probate estate. If you change your mind about who should receive your home, you need to change the deed, not just your will.
Florida Probate With No Will
Dying without a will does not avoid probate. In most cases, it makes probate harder. Here is how Florida probate with no will usually works.
Who Becomes the Personal Representative
Without a will naming someone, Florida law sets the order of preference. The surviving spouse comes first. Next is the person chosen by a majority of the heirs, and then the heir most closely related to you. Florida also limits who can serve if they live outside the state. A nonresident generally must be a close relative, such as a child, parent, sibling or spouse.
The court may also require the personal representative to post a bond, which is an added cost that a well drafted will can usually waive.
Summary Administration or Formal Administration
Florida has two main types of probate:
- Summary administration is a shorter process for estates worth $75,000 or less, not counting exempt property, or when the person died more than two years ago.
- Formal administration is the full process for larger or more complex estates. It includes a creditor period of at least three months and often takes nine months to a year or longer.
An experienced attorney can explain which process applies and guide your family through the Florida probate process. For a broader timeline, see our guide on what happens after someone dies in Florida.
How to Avoid Intestacy in Florida
You can keep the State’s formula out of your family’s life with a few documents:
- Sign a valid will. Florida requires your signature and two witnesses. Learn how to make a legal will in Florida and what makes one hold up in court.
- Consider a revocable living trust. A revocable living trust lets your assets pass privately, without probate.
- Name beneficiaries on every account. Add primary and backup beneficiaries to bank, retirement and insurance accounts.
- Plan for your home. A Lady Bird Deed or a trust can pass your home directly to the people you choose.
- Review your plan after life changes. Marriage, divorce, a new child or a move to Florida can all change what your plan should say.
Frequently Asked Questions
Does my spouse get everything if I die without a will in Florida?
Only in some cases. Your spouse inherits everything if you have no descendants, or if all of your descendants are also your spouse’s and your spouse has no other descendants. Otherwise, your spouse receives half and your descendants share the other half.
Do stepchildren inherit under Florida intestate succession?
No, unless the stepparent legally adopted them. Stepchildren can only inherit in the rare case where the estate passes to the family of a deceased spouse.
Who handles my estate if I die without a will in Florida?
The court appoints a personal representative. Your surviving spouse has first priority, followed by the person chosen by most of your heirs, and then your closest heir.
Are payable on death accounts part of an estate in Florida?
No. Payable on death accounts pass directly to the named beneficiary and are not part of the probate estate. They can still be counted toward a surviving spouse’s elective share.
Does Florida have transfer on death deeds?
No. Florida does not offer a transfer on death deed for real estate. Most Florida homeowners use a Lady Bird Deed or a revocable living trust instead.
How long does probate take without a will in Florida?
Summary administration can take a few weeks to a few months. Formal administration often takes nine months to a year or more, especially when heirs must be located.
Protect Your Family With a Florida Will
Intestacy rules are a default, not a plan. A will lets you decide who inherits, who settles your estate and who would raise your children. Attorney Yanitza Schoonover personally drafts every will, provides a flat fee quote in writing before any work begins and offers service in English and Spanish.
Call (305) 299-7496 or schedule a consultation for your will today.
