What Happens If You Pass away Without a Will in Florida?
- Jul 9, 2025
- 3 min read
Nobody loves talking about what happens when we pass away, but here’s the thing: not having a will can leave your loved ones with a mess.
In Florida, if you die without a will, the state steps in with its one-size-fits-all plan for your assets. And spoiler: it might not match what you would have wanted.
Here’s what really happens if you die without a will in Florida, and why it matters more than you think.
Florida’s “Intestacy Laws” Take Over
When someone dies without a will, it’s called dying intestate. Florida then uses its intestacy laws to decide:
Who gets your property
Who is in charge of your estate
How your debts will be handled
Who Inherits If There’s No Will?
Here’s a simplified breakdown:
If You’re Married and Have No Children: Everything goes to your spouse.
If You’re Married and Have Children with Your Spouse: Everything goes to your spouse.
If You’re Married but Have Children from Another Relationship: Your spouse gets half and the other half is split between your children.
If You’re Unmarried and Have Children: Everything is split equally between to your children; your unmarried partner will get nothing. (This happens even if your unmarried partner is the other parent)
If You’re Unmarried and Have No Children: It goes to your parents, siblings, or more distant relatives, in that order.
What About Minor Children?
If you have minor children and no will, you won’t get to choose who will care for them if something happens to you.
The court will decide who becomes their guardian based on what it thinks is best. But without your guidance, this can create confusion and even family disputes during an already painful time.
What Happens to Your Home?
Your homestead may pass directly to your heirs, but it depends on:
Whether you’re married
Whether you have minor children
How the property is titled
Even though your homestead is not considered a probate asset, it often still must go through probate to clear the title, which can cause delays in selling or transferring the home.
What About Debts?
Your debts don’t disappear. Your estate must go through probate to: Identify your assets, pay valid debts and creditors, and distribute what’s left to your heirs.
Without a will, there’s no personal representative you’ve chosen to handle this — the court appoints someone, which can cause family friction.
Why It Matters (Even If You’re Young)
Many people think they “don’t have enough” to need a will. But in reality:
Even a small savings account or car needs to be transferred properly.
If you have kids, you want to decide who will care for them.
A will helps your family avoid confusion, delays, and extra stress during an already tough time.
Without a will, your unmarried partner, your best friend, and your favorite charity will get nothing. Florida's intestate laws don't include provisions for them.
With no will, that estranged family member you haven't spoken to in years could get some or all of your assets when you die, even if you didn't want them getting anything.
The Bottom Line
Dying without a will in Florida means you lose your voice in what happens next.
Having a will:
Lets you decide who gets your stuff
Lets you name guardians for your minor children
Makes the probate process smoother for your family
If you don’t have a will yet, it’s easier than you think to get one in place — and it can save your family time, money, and stress later on.
We’re here to help you protect what matters most. Let’s make it easy together.
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