Dying Without a Will in Florida: What Happens Under Intestate Law

In legal terms, when a person dies without leaving a valid will, they are said to have died intestate. In such cases, the distribution of the person’s property is governed by the intestacy laws of the state where they lived at the time of death. In Florida, these laws dictate exactly who inherits and in what proportions — regardless of the deceased’s personal wishes.

What Counts as Property?

For the purposes of intestate succession, “property” can include:

  • Real estate (homes, land, investment properties)
  • Bank accounts
  • Securities and investments
  • Personal property (vehicles, valuables, collectibles)
  • Other titled assets owned solely by the deceased

Not all assets pass through intestate probate. For example, jointly owned property, life insurance proceeds, and accounts with named beneficiaries may pass directly to the surviving co-owner or beneficiary.

To navigate these distinctions and avoid unnecessary disputes, it’s wise to consult an experienced wills and trusts attorney as soon as possible.

Who Inherits Under Florida’s Intestate Laws?

In Florida, the order of inheritance depends on the deceased’s marital status, whether they have children, and the presence of other surviving relatives. Generally, assets are distributed among:

  • Spouse
  • Children and grandchildren
  • Parents
  • Siblings
  • Nieces and nephews
  • Other more distant relatives

If there are no surviving relatives who can inherit under Florida law, the estate will “escheat” to the state of Florida.

Dying Single and Without a Will

If a person dies intestate, single, and without children, their parents usually inherit the entire estate. If one parent has passed away, the surviving parent and the deceased’s siblings share the inheritance. Without living parents or siblings, the estate is split equally between relatives on the mother’s and father’s sides.

If there are children, the estate is divided equally among them. If a child has died before the decedent, that child’s share passes to their descendants (the grandchildren).

Dying Intestate and Married

When the deceased is married, the inheritance rules depend on whether all children are from the same marriage and how the property is titled:

  • If all children are shared with the surviving spouse, the spouse typically inherits the entire estate.
  • If the deceased has children from a previous relationship, the surviving spouse may receive only a portion of the estate, with the rest divided among the children.
  • Separate (non-marital) property may be split between the spouse, children, and possibly other relatives.

Dying Intestate in a Domestic Partnership

Florida does not grant the same inheritance rights to domestic partners as it does to legally married spouses. Without a valid will, a surviving domestic partner generally has no automatic right to inherit, unless they are jointly named on the property title or listed as a beneficiary on an account.

This makes estate planning crucial for couples in domestic partnerships to avoid unintended disinheritance.

Dying Intestate When Unmarried

Unmarried couples face one of the harshest realities of intestate law: only legally recognized relatives can inherit. Without a will, a surviving partner may be left with nothing, even if the couple lived together for decades and shared finances.

To protect a partner’s rights, a legally valid will or trust must clearly state your wishes.

Why You Should Avoid Dying Intestate

Dying without a will often leads to results that do not reflect your personal wishes. Potential problems include:

  • Assets going to relatives you did not intend to benefit
  • Exclusion of unmarried partners or close friends
  • Increased family disputes and court costs
  • Delay in settling the estate

Working with a wills and trusts attorney allows you to control who inherits, protect vulnerable family members, and reduce the risk of conflict after your death.

Talk to a Florida Wills and Trusts Attorney Today

Estate planning is rarely straightforward, and intestacy laws leave no room for personal preferences. To protect your legacy and your loved ones, consult with a qualified attorney who focuses on wills, trusts, and estate law.

I’m Jeffry S. Perlow, an experienced attorney serving Naples, FL, and the surrounding communities in estate planning, family law, and elder law. My approach is strategic, thorough, and tailored to each client’s unique situation.

Schedule a no-charge consultation by clicking here or calling (239) 514-2910. Let’s make sure your wishes are honored and your family is protected.