Many people don’t like to think about estate planning—but one of the most common and important questions we hear is: What happens if you die without a will in Florida? Whether you’re young or old, single or married, it’s crucial to understand how Florida’s probate system works if you leave no legal instructions behind.

Contrary to popular belief, your assets don’t automatically go to the State of Florida if there’s no will in Florida. Instead, the state uses a legal process known as intestate succession, which determines who inherits your property. While this may sound straightforward, relying on Florida probate rules with no will can lead to unintended outcomes—especially if your wishes don’t align with state law.

This blog explores what happens to your estate, your children, and your legacy if you pass away without a will in Florida—and why you should consider planning ahead.

What Is Intestate Succession?

When someone dies without a legally valid will, they are considered to have died intestate. In this case, the state applies Florida’s intestate succession laws, which are a fixed set of rules that decide how your estate is distributed. The Florida probate (no will) process leaves no room for personal choice. The court simply follows the order of legal heirs established under state law.

While intestacy laws provide a fallback plan, they don’t reflect personal relationships, long-term partnerships, charitable preferences, or unique family situations. That’s why estate planning is so important—you retain control over what happens to your property and who receives it.

Who Inherits If There’s No Will in Florida?

In the absence of a will, Florida law outlines a clear order of inheritance:

1. Spouse

2. Children or Grandchildren

3. Parents

4. Siblings

5. Nieces and Nephews (children of deceased siblings)

Here’s how this might apply in different situations:

• Married with no children from a previous relationship: Your spouse inherits everything.

• Married with children from another relationship: Your spouse receives half, and your children split the remaining half.

• Unmarried, no children: Your parents inherit your entire estate.

• No living parents: Your siblings share the estate equally.

• Deceased siblings: Their children (your nieces or nephews) inherit their parent’s share.

If no family members are found, your estate may ultimately escheat to the State of Florida, meaning the government becomes the beneficiary. This is rare but can happen if no living relatives are located.

What Happens to Children Without a Will?

If you have minor children and pass away without a will, Florida law defaults to granting custody to the surviving biological parent—assuming they are alive and fit. If both parents have passed away or are found to be unfit, a close relative can petition the court for legal guardianship.

Without a will, you don’t get to choose who raises your children. A judge will make that decision on your behalf. However, with a legally valid will, you can name a guardian you trust. While the judge must still approve the appointment, your nomination is heavily considered—especially if the individual is qualified and willing.

This is one of the most important reasons to have a will in place if you have young children.

What About Adopted or Posthumous Children?

Under Florida probate law, adopted children have the same inheritance rights as biological children. In fact, any legally adopted child is considered a full heir under intestate succession rules.

Children born after your death—called posthumous children—may also inherit from your estate, provided they are legally recognized.

However, ex-spouses are excluded from inheriting anything unless you’ve named them in a valid estate planning document. Divorce completely severs those inheritance rights.

Can International Heirs Receive an Inheritance?

Yes. Florida law does not require heirs to live in the United States in order to inherit. Even if your beneficiary is a citizen or resident of another country—such as Cuba—they can still receive their share of your Florida estate.

That said, international inheritances often require additional documentation and legal coordination. If you anticipate leaving assets to someone abroad, working with an experienced estate planning attorney is highly recommended.

Why You Shouldn’t Rely on Florida’s Default Rules

The Florida probate process with no will might seem convenient, but it doesn’t account for your personal relationships or wishes. If you want to leave assets to a close friend, a life partner (who isn’t your legal spouse), a charity, or even provide for a beloved pet—this will not happen unless you have a will or trust in place.

Moreover, intestate probate often takes longer, costs more, and creates more stress for your loved ones. Estate planning can:

• Ensure your assets are distributed exactly as you want

• Allow you to name a guardian for minor children

• Minimize estate taxes

• Avoid family disputes and probate delays

• Appoint a trusted personal representative to manage your affairs

How Doane & Doane, P.A. Can Help

At Doane & Doane, P.A., we’ve been helping Florida families with estate planning and probate matters since 2003. Our founding attorneys, Randell C. Doane and Rebecca G. Doane, are both board-certified in probate law and hold CPA credentials—giving our clients the benefit of combined legal and financial knowledge.

Whether you’re preparing your first will or dealing with the complexities of a Florida probate (no will) situation after a loved one’s passing, our team can guide you through the process with clarity and compassion.

Take Control of Your Legacy—Before It’s Too Late

If you die without a will in Florida, your estate will be divided according to state law—not your wishes. The best way to protect your family, assets, and future is to create a legally sound estate plan today.

📞 Call Doane & Doane, P.A. at 561-656-0200 or fill out our contact form to schedule your confidential consultation.