What Happens If You Die Without a Will in Florida? A Sarasota Probate Attorney Explains

This page is provided for general informational purposes only and does not constitute legal advice. Reading this content or contacting our office does not create an attorney-client relationship. Every legal situation is unique; consult a qualified Florida attorney regarding your individual circumstances.

Most people assume their family will figure it out. They trust that a spouse will inherit everything, that their children will divide things fairly, or that the right people will simply end up with the right assets. As a Sarasota probate attorney, I can tell you that this assumption causes more family conflict and financial loss than almost any other estate planning mistake. When someone dies without a valid will in Florida, the state does not defer to family wishes or informal arrangements. It follows a fixed legal formula, and that formula may bear no resemblance to what the person actually wanted.

What Florida’s Intestacy Laws Actually Say

The Legal Framework: Florida Statute Sections 732.102 and 732.103

When a Florida resident dies without a will, their estate is distributed under the state’s intestate succession laws, codified in Florida Statute Chapter 732. These statutes determine who inherits based entirely on family relationship, not on the deceased’s intentions, relationships, or wishes.

The distribution rules differ significantly depending on the family structure. Here is how Florida law handles the most common situations:

Family Situation	Who Inherits Under Florida Law
Spouse, no descendants	Spouse inherits everything
Spouse and descendants (all shared with spouse)	Spouse inherits everything
Spouse and descendants (some not shared with spouse)	Spouse receives half; descendants share the other half
No spouse, descendants survive	Descendants inherit everything equally
No spouse, no descendants	Parents, then siblings, then more distant relatives
Unmarried partner (any duration)	Nothing — Florida law does not recognize unmarried partners

The Blended Family Problem

Blended families face the sharpest consequences of dying without a will. Consider a Sarasota resident who remarries later in life and has adult children from a prior marriage. He owns a home, a retirement account, and a modest investment portfolio. He intends for his new wife to be comfortable and for his children to eventually inherit his assets. He never gets around to writing a will.

Under Florida’s intestacy laws, if he has children who are not also his current wife’s children, his wife receives half of his probate estate and his children split the other half. His wife may not have enough to remain in the home. His children may receive assets before either party was prepared. The relationships on both sides may not survive it.

The Unmarried Partner Gap

Florida does not recognize common-law marriage. A partner of ten, twenty, or thirty years who is not legally married inherits nothing under intestate succession. Everything passes to blood relatives, including relatives the deceased may have been estranged from for decades. Without a will or trust in place, there is no legal remedy for the surviving partner.

What the Probate Process Looks Like Without a Will

Dying without a will does not eliminate probate. It often makes the process longer and more expensive. Here is a general timeline for a Florida intestate estate going through formal administration:

• Weeks 1–4: Family identifies the need for probate; an attorney files a petition with the Sarasota County circuit court to open the estate and appoint a personal representative
• Weeks 4–8: Court issues Letters of Administration; personal representative begins gathering assets, notifying creditors, and publishing a notice to creditors in a local newspaper
• Months 3–5: Three-month creditor claim period runs; creditors submit claims against the estate
• Months 5–8: Personal representative pays valid debts, files an inventory with the court, and prepares a final accounting
• Months 8–12+: Court approves final accounting; assets distributed to heirs under Florida’s intestacy formula

Contested estates, title disputes, or families that cannot agree on a personal representative can extend this timeline significantly. Legal fees and court costs are paid from the estate before any distribution to heirs.

What a Will Changes

A valid Florida will puts you in control of each of these outcomes. You choose who inherits, in what proportion, and under what conditions. You name the person responsible for administering your estate, which avoids a court appointment process. You can provide for a partner, a stepchild, a charity, or a friend — people Florida’s intestacy laws would completely ignore.

For many Florida residents, the right plan extends beyond a will. A revocable living trust can transfer assets privately, without court involvement, and provides protections a will alone cannot. The last will and testament services page outlines what a properly drafted Florida will must include to be legally valid and enforceable.

For a full overview of the planning tools available to Florida residents and how they work together, visit the Florida estate planning services hub. The Florida Bar’s consumer guide on wills is also a reliable starting point for understanding the basics before a consultation. Additional information on Florida’s probate process is available through the Florida Attorney General’s office.

Frequently Asked Questions

What happens to a house if someone dies without a will in Florida?

Real property passes under Florida’s intestacy laws to the deceased’s legal heirs, which may include a spouse, children, or more distant relatives, depending on the family structure. If the property is a homestead, Florida’s homestead laws add an additional layer of complexity that can restrict how the property is transferred and to whom. In some cases, multiple heirs end up as co-owners of a property, and none of them can sell without agreement from the others.

Does Florida have a simplified probate process for small estates?

Yes. Florida offers summary administration for estates where the total value of probate assets does not exceed $75,000, or where the deceased has been dead for more than two years. Summary administration is faster and less expensive than formal administration, but it is still a court process and still requires legal guidance to complete correctly. Not every estate qualifies, and the asset threshold applies only to probate assets, not the total estate value.

Can a surviving spouse be disinherited under Florida intestacy laws?

No. Florida law provides strong protections for surviving spouses. Even with a will in place, a surviving spouse has the right to elect against the will and claim a portion of the estate under Florida’s elective share statute. Without a will, the spouse’s share is determined entirely by the intestacy statutes, which vary depending on whether the deceased also had descendants who are not the surviving spouse’s children.

Does a Florida will avoid probate?

No. A will must be admitted to probate before it takes effect. It controls how probate assets are distributed, but it does not eliminate the probate process itself. Assets that pass outside of probate, through beneficiary designations, joint ownership with right of survivorship, or a properly funded revocable trust, are not controlled by the will and are not subject to probate court.

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This blog post is for general informational purposes only and does not constitute legal advice. Reading this article or contacting our office does not create an attorney-client relationship. Every legal situation is unique; you should consult with a qualified attorney regarding your individual circumstances. Nothing in this article should be considered tax advice. Our office does not provide tax advice, and you should consult with a qualified tax professional before taking any action that may have tax consequences.