What Happens If Someone Dies Without a Will in Florida? A Probate Guide for Families

Losing a loved one is hard enough. But losing them without a will? That adds a whole new layer of stress, questions, and confusion.

If someone dies intestate (without a will) in Florida, you might be wondering:

• Who inherits their stuff?

• Who’s in charge of the estate?

• Do we have to go through probate?

• What if they had kids from a previous marriage?

  
  

Let’s break it all down in plain English, so you can move forward with confidence.

First: What Is Intestacy?

In legal terms, dying without a will = dying intestate. That means Florida’s "intestacy laws" decide:

• Who inherits

• Who handles the estate

• How the probate process works

These laws exist to create structure. But they don’t always match what your loved one would have wanted.

Step 1: Start the Probate Process

Even without a will, probate is still required to:

• Appoint a personal representative (executor)

• Identify and value assets

• Pay off valid debts

• Distribute what’s left to legal heirs

In Florida, this happens in the county where the person lived. You’ll need to hire a probate attorney to help guide you through the process (required in all formal administrations).

Who Inherits Under Florida Law?

If someone dies without a will, here’s how Florida law divides the estate:

➤ If they were married with no children:

Everything goes to the spouse.

➤ If they were married with children from that same marriage:

Still, everything to the spouse.

➤ If they were married with kids from another relationship:

Spouse gets half, and all the decedent's children split the other half.

➤ If they were not married but had children:

Kids inherit everything equally.

➤ If there are no kids or spouse:

Then things can start to get complicated. First, it goes to parents ➝ then siblings ➝ then extended family ➝ eventually to the state (very rare).

Unmarried partners, friends, and charities do not inherit unless named in a valid will or trust.

What Happens to Their Home?

Florida’s homestead laws are unique and can protect a family home from creditors. BUT it depends on:

• Whether they were married

• Whether they had minor children

• How the deed was titled

This is one of the trickiest areas in probate, so it’s important to speak with an attorney who knows Florida’s homestead laws.

What About Debts?

Good news: You are not personally responsible for their debts. Bad news: Their estate is.

Florida law gives creditors 90 days to file claims. The estate must pay valid debts before any assets are distributed to heirs.

What If the Family Doesn’t Agree?

Disputes can arise especially when:

• There’s no written will

• Kids from multiple relationships are involved

• Loved ones who expected to inherit are left out by law

  
  

In those cases, the court may hold hearings, and the process can take longer. A good probate attorney helps avoid drama and protect everyone’s rights.

Final Thought: No Will Doesn’t Mean No Plan; It Just Means More Work

When there’s no will, you’re not starting from scratch… but you are navigating Florida’s laws instead of your loved one’s wishes.

The probate process can feel overwhelming, especially when you’re grieving. We’re here to walk you through every step with clarity, compassion, and support.

Let’s help you honor your loved one’s legacy, the right way.