When someone dies without a will in Florida, the state doesn’t leave asset distribution up to chance. Florida has a set of laws that determine exactly who inherits what, and the results don’t always reflect what the deceased would have wanted. Magill Law Offices has been helping Orlando families plan for the future for nearly five decades. Take a look at why you need an estate plan, and contact us today to get started.
What “Intestate” Actually Means
Dying without a valid will is called dying “intestate.” At that point, Florida’s intestate succession statutes take over. The court doesn’t consider your relationships, your intentions, or your wishes. It follows a legal formula.
That formula prioritizes relatives in a specific order:
- A surviving spouse and descendants from that marriage typically inherit the entire estate
- If you have children from a prior relationship, the spouse and those children split the estate
- If there’s no spouse, children inherit equally
- If there are no children, the estate moves to parents, then siblings, then more distant relatives
- If no living relatives can be identified, the estate escheats to the state of Florida
The further down that list the court has to go, the more time and legal expense the process typically involves.
What Probate Looks Like Without a Will
Probate is the court-supervised process of settling a deceased person’s estate. It happens whether or not a will exists. But without a will, the process tends to be more complicated. There’s no nominated personal representative, no stated wishes to guide the court, and no clear roadmap for distributing assets.
Florida’s probate courts follow Chapter 733 of the Florida Statutes when administering intestate estates. The process can take months, sometimes longer, and the legal fees come out of the estate itself.
Assets That Pass Outside of Probate
Not everything goes through probate. Some assets transfer automatically regardless of whether a will exists:
- Jointly owned property with right of survivorship passes to the surviving owner
- Retirement accounts and life insurance with named beneficiaries transfer directly
- Payable-on-death bank accounts pass to the designated recipient
- Assets held in a trust are distributed according to the trust’s terms
This is worth knowing because many people assume their estate is covered simply because they have a beneficiary listed on a 401(k). That may be true for that account. But real estate, personal property, and other assets without a designated beneficiary are a different matter entirely.
Why This Matters for Orlando Families
Florida has one of the largest populations of retirees and multi-generational households in the country. Blended families, second marriages, and adult children with different financial situations are common. Intestate succession doesn’t account for any of that nuance.
An Orlando estate planning lawyer can help you put a plan in place that reflects your actual wishes, not a legal default. Whether that means drafting a straightforward will, establishing a revocable living trust, or updating beneficiary designations, the goal is the same: making sure your assets go where you intend.
Common Misconceptions
A few things people often get wrong about dying without a will:
“My spouse will get everything.” Not necessarily. If you have children from a prior relationship, your spouse may only receive a portion of the estate under Florida law.
“My family knows what I want.” Knowing and legally inheriting are two different things. Without documentation, the court follows statute, not family consensus.
“I don’t have enough assets to need a will.” Estate planning isn’t only for the wealthy. It’s for anyone who has people they care about and assets they want to protect.
Taking the Next Step
A will is one of the most straightforward legal documents you can have drafted, and it provides a foundation for everything else in your estate plan. If you’ve been putting off getting a will in place, speaking with an Orlando estate planning lawyer is a practical, concrete step you can take today. The estate planning process doesn’t have to be complicated, and getting started is easier than most people expect.