What happens if you die without a will in Florida

The state already has a plan for you

Florida's intestacy statute is a distribution formula. It looks at whether you were married, whether you had children, and whether those children were also your spouse's. It then divides your property accordingly. It does not read your intentions, your family history, or the promise you made to someone years ago.

The formula is unmoved by the stepchild you raised from the age of four, the sibling who depends on you, the charity you supported every year, or the fact that one of your children is far better placed financially than the other.

How the formula actually divides things

The broad strokes, for property that passes through your probate estate:

• Married with no descendants — your spouse takes the estate.
• Married, and all descendants are also your spouse's — your spouse takes the estate.
• Married, but either of you has a child from another relationship — the estate is split between spouse and descendants.
• Unmarried with children — the children take equal shares, with a deceased child's share passing to their own children.
• No spouse and no descendants — the estate moves up and out to parents, then siblings, then more distant relatives.

Guardianship of minor children is the part that hurts

A will is where you nominate who raises your children if both parents are gone. Without one, the court hears from whoever comes forward and decides. Relatives who disagree can each petition. That is a contested court process, playing out at the worst possible moment for the children involved.

Naming a guardian in a will does not bind the court absolutely, but it is the single strongest piece of evidence about what you wanted, and in practice it usually settles the question.

A will does not cover everything

Some of the largest things you own never pass under a will at all. Retirement accounts, pensions and life insurance go to whoever is named on the beneficiary form. Property held jointly with right of survivorship passes to the surviving owner. Accounts marked payable-on-death go straight to the named person.

This cuts both ways. It means an out-of-date beneficiary form can override your will entirely, and it means part of your estate can be kept out of probate deliberately if the paperwork is set up with that in mind.

What to do about it

A will is the floor, not the ceiling. Most families pair it with a financial power of attorney and healthcare documents, because those cover the years when you are alive but cannot sign — a situation a will has nothing to say about.