What Happens If You Die Without a Will in Florida?

Dying without a will does not mean your family gets to divide your estate however they see fit. In Florida, the state steps in and makes those decisions for them, and the results can surprise even the most well-intentioned families. If you live in Orlando or anywhere else in Florida and you have not put a will in place, understanding what the law does with your estate is not optional information. It is essential.

What Does It Mean to Die Intestate in Florida?

In Florida, dying without a will means dying “intestate.” The state then distributes your assets according to Florida’s intestate succession laws under Chapter 732 of the Florida Statutes.

Florida’s intestate succession laws are found in Chapter 732 of the Florida Statutes. These laws lay out a rigid formula for who receives your property, and that formula is based entirely on your legal family relationships, not your wishes, not your relationships, and not what you would have wanted. The court does not consider who actually took care of you, who you were closest to, or what promises were made.

Your estate goes through probate, the court-supervised process of identifying your assets, paying your debts, and distributing what remains. In Florida, probate is handled by the circuit court in the county where you lived. For Orlando residents, that means Orange County Circuit Court.

Who Inherits Your Estate Under Florida Law?

Florida’s intestate succession laws prioritize your spouse and descendants. Who inherits depends entirely on your family structure at the time of your death.

Florida Statutes Section 732.102 and 732.103 govern how assets pass when there is no will. The distribution works like this:

• Spouse only, no descendants: Your spouse inherits everything.
• Descendants only, no spouse: Your descendants inherit everything in equal shares.
• Spouse and descendants who are also the spouse’s descendants: Your spouse inherits everything.
• Spouse and descendants from a prior relationship: Your spouse inherits half; your descendants inherit the other half.
• No spouse, no descendants: The estate moves to your parents, then your siblings, then more distant relatives under the statutory order.

This structure can create real problems for blended families. If you have children from a previous relationship and a current spouse, neither party receives the full estate. That can generate conflict, legal disputes, and outcomes that serve no one well.

What About Unmarried Partners and Close Friends?

Florida’s intestate succession laws do not recognize unmarried partners, close friends, or stepchildren who were never legally adopted. They receive nothing.

This is where intestacy laws can cause genuine harm. Long-term partners who never married, stepchildren who were raised as your own but never formally adopted, close friends you considered family, and charitable causes you cared about your entire life receive absolutely nothing under Florida’s intestate succession formula. The law recognizes only legal relationships, and it draws that line firmly.

If you are in a committed relationship but not legally married, your partner has no inheritance rights under Florida law. Your estate would pass to blood relatives, potentially people you barely know, before your partner sees a single dollar.

Does Intestacy Apply to Everything You Own?

Not all assets go through intestate succession. Jointly held property, life insurance, and accounts with named beneficiaries pass outside of probate entirely.

Certain assets pass directly to a named beneficiary or co-owner regardless of whether you have a will. These include:

• Life insurance policies with a named beneficiary
• Retirement accounts such as IRAs and 401(k)s with designated beneficiaries
• Bank or investment accounts held as joint tenants with right of survivorship
• Real estate held as tenancy by the entirety between spouses
• Payable-on-death (POD) or transfer-on-death (TOD) accounts

Florida law treats these assets as non-probate property. They move directly to the surviving owner or named beneficiary without court involvement. But assets that do not fall into these categories, such as solely owned bank accounts, personal property, and real estate titled only in your name, are fully subject to intestate succession laws.

How Long Does Florida Intestate Probate Take?

Florida intestate probate typically takes longer than probate with a valid will because the court must determine heirship before distributing assets, which adds time and cost.

Without a will naming a personal representative, the court appoints an administrator to manage the estate. Florida Statute Section 733.301 sets the priority order for who may serve in that role. The process of determining legal heirs, particularly in complex family situations, can extend the timeline significantly. For larger estates or situations involving disputes among potential heirs, the process can stretch to a year or longer and generate legal fees that eat into what your family ultimately receives.

For Orange County residents, the probate process runs through the Orange County Clerk of Courts, and timelines vary based on caseload and the complexity of the estate.

Why a Will Is Not Just for the Wealthy

A will is not a document reserved for people with large estates or complicated finances. It is the only legally recognized way to tell Florida’s courts exactly what you want done with your property, who you want raising your minor children, and who you trust to carry out your final wishes. Without it, none of those decisions belong to you.

Florida Statute Section 732.502 outlines the requirements for a valid will in Florida. It must be in writing, signed by the testator, and witnessed by two individuals. Meeting those requirements is straightforward with proper legal guidance.

Protect What You Have Built

At the Law Office of Erin Morse, we work with Orlando families to create estate plans that reflect their real lives, not a one-size-fits-all statutory formula. Whether you need a straightforward will or a more comprehensive estate plan, we are ready to help you take control of what happens next. Call us at 407-743-6059 or contact us to schedule a consultation.