No one wants to imagine leaving their loved ones without a plan. Yet many people in Florida pass away without a will each year, leaving their families navigate a confusing and often stressful legal process.
When someone dies without a valid will, they are said to have died intestate. This means that the State of Florida determines who inherits your assets, how your estate is distributed, and who is appointed to manage it.
At Welter Law Office, we can help you avoid this uncertainty by creating a comprehensive estate plan that protects your loved ones and preserves your wishes.
Understanding Intestate Succession in Florida
When you die without a will, your estate is distributed according to Florida's intestacy laws, found in Chapter 732 of the Florida Statutes. These laws are designed to create a default inheritance system, but it may not reflect what you want.
How the Law Decides Who Inherits
The rules follow a strict order of priority based on family relationships. Here's a simplified overview:
- If you have a surviving spouse and no children:
Your spouse inherits your entire estate. - If you have a spouse and children (all from that marriage):
Your spouse still inherits the entire estate. - If you have children from another relationship:
Your spouse receives half, and your children share the remaining half. - If you have no spouse:
Your children inherit everything equally. - If you have no spouse or children:
Your estate passes to your parents, and if they are deceased, to your siblings, nieces, nephews, or other relatives.
While these rules sound straightforward, they can become complicated when blended families, stepchildren, or unmarried partners are involved. Florida law does not automatically recognize non-marital or stepfamily relationships for inheritance.
The Probate Process Without a Will
Even without a will, your estate must go through probate, the court-supervised process that handles the administration of your estate. In intestate cases, the court:
- Appoints a personal representative (executor) — usually a surviving spouse or another close relative.
- Identifies and inventories assets — including real estate, accounts, and personal property.
- Pays debts and taxes — using estate funds.
- Distributes remaining assets — according to Florida's intestacy laws.
Because there's no written direction from you, this process can take significantly longer and may create confusion, disputes, and emotional strain for surviving family members.
Why Dying Without a Will Can Cause Problems
1. Lack of Control
Without a will, you lose control over who inherits your assets. The state—not you—makes that decision based on rigid statutory formulas.
2. No Guardian for Minor Children
If you have minor children and no surviving parent, the court must appoint a guardian. This person may not be the individual you would have chosen to raise your children.
3. Delays and Expenses
Intestate probate proceedings often take longer because the court must determine heirs, locate assets, and appoint representatives. Legal costs and court fees can quickly add up, reducing the estate's total value.
4. Family Conflict
Unclear expectations and state-imposed distributions can lead to disagreements—or even lawsuits—among surviving relatives.
5. Missed Charitable or Personal Goals
If you intended to leave part of your estate to a friend, charity, or organization, that wish cannot be honored without a written will.
Real-World Example: How Intestacy Impacts Families
Imagine a Florida resident named John, who passes away without a will. He was divorced, had two children from his first marriage, and was living with his long-time partner, Jane.
Even though John and Jane shared a home for 15 years, Jane is not legally entitled to any portion of his estate. Under Florida law, his children would inherit everything, and Jane could be forced to move out of their shared home.
This scenario, unfortunately common, illustrates why a written estate plan is essential, especially for blended or nontraditional families.
How to Avoid Intestacy in Florida
The best way to avoid these complications is to create a valid will with the help of an experienced estate planning attorney. A well-drafted will ensures your estate is distributed according to your wishes, not state law.
To be valid in Florida, your will must:
- Be in writing.
- Be signed by you (the testator).
- Be witnessed and signed by two witnesses in your presence and in each other's presence.
Failing to meet these requirements can render your will invalid, resulting in the same intestate process you were trying to avoid.
How Welter Law Office Can Help
At Welter Law Office, we understand the emotional and financial stress that intestacy can create for families. Our team provides personalized legal guidance to ensure your estate is clearly outlined and fully compliant with Florida law.
We can help you:
- Draft a valid will that reflects your exact wishes.
- Create a trust to help your loved ones avoid probate.
- Appoint guardians for minor children.
- Update your documents as your life and circumstances change.
Our goal is simple: to give you peace of mind knowing your family won't be left facing uncertainty when it matters most.
Learn more about wills, trusts, and Florida estate planning by visiting our Wills & Trusts page.
Disclaimer:
The information in this article is for general informational purposes only and is not intended to be legal advice. Contacting Welter Law Office does not establish an attorney-client relationship. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you elect to retain Welter Law, you may request to obtain free written information about our qualifications and experience.
