If you die without a valid will in Florida, state intestacy law — Florida Statutes Chapter 732 — decides who inherits your assets and in what shares, not you. A probate court applies a fixed hierarchy (spouse, then children, then parents, then siblings, and so on) with no room for your personal wishes, verbal promises, or loved ones like unmarried partners and unadopted stepchildren who fall outside that hierarchy entirely. The only way to control what happens to your estate, name a guardian for minor children, and avoid this default outcome is to have a will or trust in place before you need one.
What Is Intestate Succession in Florida?
Dying “intestate” means dying without a valid will. When that happens, you lose your say entirely — state law automatically takes over and decides who inherits your property and in what shares. In Florida, that framework is Florida Statute Chapter 732, and it applies the same fixed rules to every intestate estate regardless of what you actually would have wanted.
How Florida Distributes Your Property Without a Will
Florida’s intestacy statute works through a strict hierarchy based on your family structure at the time of death. There is no flexibility and no accounting for your individual circumstances — only the category you fall into.
Married, With No Children (or Only Children From the Marriage)
Your surviving spouse inherits your entire estate, with nothing divided among anyone else.
Married, With Children From a Prior Relationship
This is where blended families run into trouble. Your estate is split between your surviving spouse and your descendants from the earlier relationship — commonly illustrated as your spouse receiving half and your descendants receiving the other half. That split is not a choice anyone in your family makes; it’s imposed automatically, and it’s a common source of conflict between a surviving spouse and stepchildren.
Unmarried, With Children
Your assets are divided equally among your children.
Unmarried, No Children, Parents Living
Your estate passes to your parents under the statute’s priority order.
Unmarried, No Children, No Parents, Siblings Living
Your assets go to your siblings according to Florida’s statutory hierarchy.
No Living Relatives at All
If Florida can’t locate any qualifying relative, your entire estate escheats — reverts — to the State of Florida itself.
What Intestacy Law Cannot Do for You
Because intestate succession is a rigid, one-size-fits-all legal default, it cannot:
- Honor verbal promises, informal family agreements, or casual statements of intent you made during your lifetime
- Leave anything to people outside your legal family line — close friends, an unmarried partner, or a stepchild who was never legally adopted
- Account for your personal values, individual family dynamics, or relationships that don’t fit the statutory boxes
- Minimize or eliminate estate taxes, or shield assets from creditor claims
- Name a guardian for your minor children
- Give you any control at all — a probate judge, not you, makes the decisions
The Probate Process Without a Will
Dying intestate does not avoid probate — it still requires full court supervision, and it typically makes that process harder. Florida offers two paths:
- Summary Administration — available for estates valued at $150,000 or less (effective July 1, 2026 — up from the prior $75,000 threshold), or where the decedent has been dead more than two years
- Formal Administration — required for larger or more complex estates
Without a will directing how things should go, intestate probate cases are more likely to become prolonged by disputes among potential heirs, which drives up court costs and legal fees and adds stress for a grieving family at an already difficult time. None of the streamlining options available to a well-drafted estate plan are available here.
Why an Estate Plan Is the Better Alternative
A proper estate plan hands control back to you. With a will, trust, or both in place, you can:
- Name your actual chosen beneficiaries — including friends, an unmarried partner, charitable organizations, or a stepchild — regardless of Florida’s intestacy categories
- Appoint a guardian you trust for your minor children
- Select a personal representative you trust to manage and distribute your estate
- Use tax-reduction strategies and creditor-protection tools to preserve more of what you’ve built
- Avoid or minimize probate altogether through tools like a revocable living trust
- Head off family disagreements with clear, legally binding documentation of your wishes
Estate Planning Is an Ongoing Process
An estate plan isn’t a one-time document you file away. We recommend reviewing yours every three to five years, or any time a major life event occurs — marriage, divorce, a new child, a significant asset purchase, or a change in the law. For existing clients, SJF Law Group provides complimentary annual reviews to help keep your plan current as your life changes.
How This Plays Out in Practice
A blended family. A husband dies without a will, survived by his second wife and two adult children from his first marriage. Under Florida’s intestacy rules, the estate splits roughly in half between the spouse and the children — a division none of them chose, and one that frequently turns into exactly the kind of stepchild-versus-stepparent dispute the family hoped to avoid.
A long-term unmarried partner. A woman dies intestate after 15 years with a partner she never married. Because Florida’s hierarchy only recognizes spouses, children, parents, and other blood or legal relatives, her partner has no claim at all — the estate instead passes to her parents or siblings, whoever is next in line, no matter how long the relationship lasted.
No surviving relatives. A man with no spouse, children, parents, or siblings dies without a will. With no qualifying heir anywhere in the statutory chain, his entire estate escheats to the State of Florida — the one outcome intestacy law guarantees no family ever wants.
When to Speak with an Estate Planning Attorney
Intestacy isn’t just a question of who gets what — it affects your family’s wellbeing and the legacy you actually want to leave behind. Every piece of that outcome is preventable with a plan in place before it’s needed.
SJF Law Group offers in-person and remote consultations across Broward, Miami-Dade, and Palm Beach County. You can reach us at (954) 580-3690 or through our contact form.
If you want to start learning the basics on your own first, two free resources can help: our Estate Planning Checklist, a one-page summary of the core steps, and our Florida Estate Planning Glossary, which explains the legal terminology in plain language.
FAQ
Can my family contest Florida’s intestacy distribution?
Contesting an intestate distribution is possible in limited circumstances, but it comes at real financial, time, and emotional cost. Having a valid will is still the best way to prevent that kind of conflict in the first place.
Does a will avoid probate in Florida?
No — a will alone does not bypass probate. If avoiding probate is the goal, a revocable living trust — funded properly during your lifetime — paired with a pour-over will avoids probate for trust assets far more effectively than a will alone.
I have a will from another state. Is it valid in Florida?
Florida generally recognizes a will that was validly executed under the law of the state where it was created. Even so, it’s worth having a Florida-licensed attorney confirm it meets Florida’s requirements.
Can I write my own will in Florida?
Florida does not recognize purely handwritten (“holographic”) wills. A valid Florida will must be signed in the presence of two witnesses — handwritten content can still be valid as long as it meets that witnessing requirement. Working with an attorney helps make sure the will actually holds up.
How much does estate planning cost in Florida?
Cost depends on how complex your estate and your goals are. But the combined cost of probate, family conflict, and asset loss from having no plan at all typically far outweighs what proper planning costs upfront.
About This Article
Written by Samantha Fitzgerald, Esq., Founder & Managing Attorney at SJF Law Group.
Learn more about our Wills, Trusts & Estate Planning services, or read the related post, How Avoiding Probate Can Save You Time, Money, and Hassle.
Ready to make sure Florida law — not a probate judge — isn’t the one deciding who inherits your estate? Schedule a consultation with our team today.
