Florida Intestacy: Who Gets Your Assets Without a Will?

TL;DR:

Why Florida’s “Default Plan” Might Not Match Your Wishes

When people avoid creating a will, they often tell themselves comforting half-truths: “My family knows what I want” or “Everything will just go to my spouse anyway.” Unfortunately, these assumptions rarely match the legal reality in Florida.

Dying without a will—legally known as dying “intestate”—doesn’t mean you avoid legal proceedings or that your assets automatically go to your closest relative. Instead, it means surrendering control to Florida’s intestacy statutes, which are essentially a one-size-fits-all plan created by the legislature.

These laws determine:

• Who receives your assets
• Who administers your estate
• Who becomes guardian for your minor children
• How and when heirs receive their inheritance

Depending on your family situation, Florida’s intestate distribution might align somewhat with your wishes—or it might create results you would never have chosen.

The Costly Consequences of Dying Without a Will in Florida

When you die without a will in Florida, you leave your family with a complex legal process that costs more money, takes more time, and creates more stress during an already difficult period.

Consider these realities of intestate succession in Florida:

Your Family Structure Determines Everything

• If you’re married with children solely from that marriage, your spouse inherits everything
• If you’re married with children from another relationship, your spouse gets only 50% of your estate
• If you’re unmarried with children, your children inherit everything—even if they’re estranged
• If you’re unmarried without children, your parents inherit everything—even if you haven’t spoken in years
• Long-term unmarried partners inherit nothing, regardless of your relationship length
• Step-children you haven’t legally adopted receive nothing, even if you raised them from infancy

The Court—Not You—Controls the Process

• The court appoints an administrator, typically prioritizing spouses, then adult children, then parents
• Court supervision requires formal accountings and approvals for many actions
• The process typically extends 6-12 months longer than estates with valid wills
• Legal fees and court costs often increase by 30-50% compared to estates with wills
• Assets are distributed in lump sums with no protection from creditors, poor money management, or divorce

No Provisions for Special Circumstances

• Florida law makes no provisions for friends, charities, or non-legally-recognized relationships
• There are no accommodations for heirs with addiction issues, disabilities, or financial irresponsibility
• Blended families often face unintended consequences that create permanent family rifts
• Business interests can be paralyzed during lengthy court proceedings

Without a will, your family isn’t just left without your guidance—they’re forced to navigate Florida’s complex probate system with both hands tied behind their backs.

Imagine the Security of Knowing Your Wishes Will Be Honored

Take a moment to visualize your family after you’re gone. Imagine them experiencing grief without the added burden of legal confusion, court appearances, and financial uncertainty. Picture them saying, “At least we know we’re handling things exactly as they wanted.”

By creating a will, you transform the experience for your loved ones. Instead of confusion, they have clarity. Instead of guesswork, they have guidance. Instead of bureaucratic hurdles, they have a streamlined process.

When you create a will, you experience the immediate relief of knowing:

• You’ve named your own personal representative—someone you trust completely
• Your assets will go exactly where you want them to go, in the proportions you decide
• You’ve provided clear instructions that prevent family conflicts before they start
• You’ve potentially reduced probate costs by 30-50%, preserving more of your estate for your heirs
• You’ve expedited the administration process, allowing your family to move forward

Every day, we see the profound relief on clients’ faces when they sign their wills. They describe it as “a weight lifted” or “finally being able to breathe.” This isn’t just about paperwork—it’s about taking control of your legacy and protecting your family from unnecessary complications.

The peace of mind that comes from having your affairs in order is something you’ll benefit from immediately, not just something that helps your family later.

Creating a Valid Florida Will Is Straightforward

Crafting a legally binding will in Florida doesn’t require enormous time or expense. Even a basic will dramatically improves your family’s situation compared to intestacy.

To create a valid will in Florida, you need:

• To be at least 18 years old and of sound mind
• Your will in writing (typed, not handwritten)
• Your signature at the end of the document
• Two witnesses who sign in your presence and each other’s presence
• A notary (not legally required but strongly recommended for making the will “self-proving”)

At Brandon Legal Group, we create wills that go beyond these basic requirements, ensuring your document addresses your specific circumstances and potential contingencies. We don’t just help you check a box—we help you create a plan that genuinely protects your loved ones and reflects your wishes.

The process typically requires just one or two meetings, after which you’ll have the confidence of knowing you haven’t left your family’s future to chance.

Frequently Asked Questions