Florida Intestacy Laws: What Happens If You Die Without a Will

If you pass away in Florida without leaving a will, your property is distributed according to state intestacy statutes. These rules determine who inherits and in what order. Without planning, the results may not align with your wishes. At Kelley, Grant, & Tanis, P.A., our estate planning attorneys help you understand Florida intestacy laws and create plans that give you control over how your property passes.

What Is Intestacy in Florida?

Intestacy occurs when someone dies without a valid will. In these cases, Florida’s probate court applies intestacy laws to determine who inherits property. This process can delay transfers and create disputes among family members.

• Applies only when no valid will is in place

• Distribution follows Florida statutes, not personal wishes

• Probate court oversees the transfer of property

• May extend the timeline for closing an estate

• Can cause disputes if family expectations differ

Who Inherits If There Is a Surviving Spouse?

When a person dies with a surviving spouse, inheritance rules depend on whether there are children from that marriage or another relationship. Florida statutes try to balance rights between spouses and children, but outcomes can be complex.

• If all children are from the same marriage, the spouse inherits everything

• If either spouse has children from another relationship, property is divided between the spouse and descendants

• The spouse’s share may be 50% in blended family situations

• Property division may include both real estate and personal assets

What Happens If There Are No Children?

If someone dies without children, intestacy rules direct property toward other relatives. The surviving spouse often receives the estate, but only if no descendants exist. If there is no spouse, inheritance passes to other family members.

• Surviving spouse generally receives the entire estate

• Without a spouse, parents may inherit

• If parents are deceased, siblings may inherit

• More distant relatives may qualify if no immediate family exists

How Are Children Treated Under Intestacy?

Children of the deceased have inheritance rights under Florida intestacy statutes. Courts look at both biological and legally adopted children when dividing property. Stepchildren who were not adopted may not automatically qualify.

• Biological children inherit equally unless otherwise specified

• Adopted children are treated the same as biological children

• Stepchildren do not inherit unless legally adopted

• Paternity must sometimes be established for inheritance rights

What Happens With Minor Children?

If a parent dies leaving minor children, property may be placed under court supervision until the child becomes an adult. Guardianship proceedings may be required. Planning ahead can help ensure children are provided for without added complications.

• Property may be managed by a guardian until age 18

• Courts supervise use of inherited funds

• Parents can avoid guardianship disputes with proper planning

• Trusts can provide long-term financial management for children

How Do Florida Courts Handle Distant Relatives?

When no immediate family exists, inheritance may pass to extended relatives. Courts follow a statutory order of priority to identify heirs. If no relatives can be found, the estate may go to the state of Florida.

• Parents, siblings, nieces, and nephews may qualify

• Grandparents and cousins may inherit if closer relatives do not exist

• If no heirs are located, the estate passes to the state

• Detailed genealogical searches may be required in some cases

Common Problems Caused by Intestacy

Dying without a will often leads to disputes among surviving family members. Relatives may disagree about property value, who qualifies as an heir, or how to divide assets. These problems can delay probate and increase legal costs.

• Family disputes over inheritance shares

• Delays caused by court-supervised probate

• Confusion about property ownership

• Added expenses for the estate and heirs

Why Planning Avoids Intestacy

Creating a will or trust allows you to control who inherits your property. Instead of relying on Florida statutes, you can direct assets to the people and causes you choose. Planning also reduces disputes and keeps probate more efficient.

• Wills ensure your wishes are followed

• Trusts provide privacy and efficiency

• Legal planning reduces the chance of disputes

• Attorneys ensure documents comply with Florida law

FAQs: Florida Intestacy Laws

What is intestacy in Florida?

Intestacy is the legal process that takes place when someone dies without a valid will in Florida. State statutes dictate how property is divided, rather than the deceased’s personal preferences. The probate court oversees this process, which can lengthen timelines and increase costs for heirs. Without planning, assets may pass in ways you never intended.

Does a surviving spouse always inherit everything?

No, the surviving spouse does not automatically inherit the entire estate in every situation. If all children are shared between the deceased and the surviving spouse, the spouse may receive the full estate. However, if either partner has children from another relationship, the estate is divided between the spouse and descendants. This often surprises families who assumed the spouse would inherit everything.

Do stepchildren inherit under intestacy laws?

Stepchildren generally do not inherit unless they were legally adopted. Florida intestacy statutes only recognize biological and adopted children as automatic heirs. This can leave stepchildren without a share of the estate, even if they had a close relationship with the deceased. Families often avoid this outcome by using wills or trusts to make specific designations.

Who inherits if there is no spouse or children?

When there is no surviving spouse or children, property typically passes to the deceased’s parents. If both parents are deceased, siblings may become heirs, followed by nieces, nephews, and other relatives. The court uses a statutory order of priority to determine the next closest heirs. If none are found, the estate may eventually go to the state.

Can intestacy lead to family disputes?

Yes, intestacy often sparks disagreements among surviving relatives. Family members may argue over who qualifies as an heir, how much each person should receive, or how to value property. These disputes can significantly delay probate and add legal costs. Having a will or trust in place prevents many of these conflicts by providing clarity and authority.

What happens to property if no heirs exist?

If no heirs can be located, the estate is considered “escheated” and passes to the state of Florida. Courts usually require extensive searches for potential relatives before making this determination. This process can consume time and resources, reducing the estate’s value. Planning with an estate attorney ensures your assets are directed where you want them, not to the state.

How can intestacy be avoided?

The most reliable way to avoid intestacy is by creating a valid will or trust. A will allows you to designate heirs and outline how your property is divided, while a trust can provide additional privacy and efficiency. Both tools reduce the likelihood of disputes and delays in probate. Working with an attorney ensures documents comply with Florida law and reflect your wishes.