What Happens When Someone Die Without a Will in Florida?

Thinking about wills and what happens after we die isn’t exactly fun—I know. But understanding the basics now can save your family a lot of stress later.

If someone in Florida dies without a will, it means they’ve died "intestate" and assets that are owned by the decedent (with certain exceptions) get distributed in accordance with Florida’s intestate succession laws.  In the simplest of terms, the court decides who gets what.

Florida’s intestate succession laws provide the following:

1. If there's a surviving spouse:

• No kids or grandkids? The spouse gets everything.

• Kids only from this marriage, and the spouse doesn’t have kids from anyone else? The spouse still gets everything.

• Kids from a previous relationship (either the person who died or the spouse)? The spouse gets half, and the kids split the other half.

2. If there’s no spouse:

If the person wasn’t married, then the intestate succession laws provide that their property and assets go to their closest family in the following set order:

1.       Children

2.       Parents

3.       Siblings

4.       Other relatives, like cousins, aunts, uncles, etc.

If no family can be found at all, the state of Florida gets the estate.

Moral of the story: having a will gives you control. It also makes things much easier for the people you care about.

For people with blended families, difficult family dynamics, or estranged relatives that would cause them not to want to follow the intestate succession set order, estate planning becomes even more important and a simple will can make a big difference.

Sincerely,

Silvia A. Brett, Esq.

Silvia Brett is an attorney and Florida Supreme Court Circuit Civil Certified Mediator located in St. Petersburg, FL, who handles Estate Planning and Probate throughout the state of Florida. Click here for more information.

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