Understanding Florida’s Intestate Succession Laws
If you die without a valid will in Florida, you are said to have died intestate. That means the Florida intestate succession laws, found in Chapter 732 of the Florida Statutes, determine who inherits your property — not you.
The court will appoint a personal representative (executor) to manage your estate, and your assets will be distributed according to a fixed legal formula. This process often leads to unintended results, especially for blended families, unmarried partners, or individuals with specific wishes that differ from the state’s defaults.
Who Inherits Under Florida Law If There’s No Will
The order of inheritance in Florida depends on your family situation at the time of death:
- If you are married with no descendants (children, grandchildren):
Your surviving spouse inherits the entire estate (Fla. Stat. § 732.102(1)). - If you are married and all your descendants are from that same marriage:
Your surviving spouse again inherits the entire estate (§ 732.102(2)). - If you are married and have children from another relationship:
Your surviving spouse receives half the estate, and your descendants share the other half (§ 732.102(3)). - If you are unmarried:
Your estate passes to your descendants; if none, then to your parents; if none, to your siblings; and if none, to more remote relatives (§ 732.103).
If no heirs exist, the estate escheats to the State of Florida — meaning the government inherits your property.
What About Non-Probate Assets?
Even if you die without a will, some assets may still pass outside of probate, such as:
- Jointly owned property with right of survivorship;
- Accounts with payable-on-death (POD) or transfer-on-death (TOD) designations;
- Life insurance or retirement accounts with named beneficiaries;
- Property held in a trust.
However, any assets titled solely in your name without a beneficiary designation will require probate and be distributed under Florida’s intestacy laws.
Problems That Arise Without a Will
Dying without a will often creates confusion and conflict. Common issues include:
- Disputes over who should serve as personal representative;
- Questions about homestead rights and elective shares;
- Unintended disinheritance of stepchildren or unmarried partners;
- Delays in probate while the court determines heirs.
In some cases, distant relatives — rather than close friends or long-term partners — end up inheriting everything. The cost of sorting it out can easily exceed what it would have cost to prepare a simple will.
Out-of-State Heirs and Florida Property
If you live outside Florida but inherit property here, you’ll likely need to open an ancillary probate under Fla. Stat. § 734.102. Clause Law Group regularly assists out-of-state heirs in these cases, handling filings, creditor notices, and title transfers without requiring you to travel to Florida.
For non-Florida residents who own Florida property, having a Florida-compliant will can prevent these complications altogether.
Why Having a Will Matters
A will gives you — not the state — control over your legacy. It allows you to:
- Choose who receives your property;
- Name a guardian for minor children;
- Appoint a trusted personal representative;
- Minimize family disputes and delay.
Without one, your loved ones must rely on the rigid framework of Florida’s intestate succession laws, which may not reflect your values or relationships.
Final Thoughts
If you die without a will in Florida, the law—not your intentions—dictates who inherits your estate. These outcomes are often far from what most families expect.
At Clause Law Group, we help you take control of your estate plan now, ensuring your assets go where you want them to go and your family is protected from unnecessary court involvement later.
We proudly serve clients throughout Stuart, Martin County, St. Lucie County, and Palm Beach County, and we assist families nationwide who inherit Florida property without a will.
