What happens if you die without a will in Florida?

When a Florida resident dies without a valid will, the estate is distributed according to Florida's intestacy laws. These laws determine who inherits and in what shares, regardless of what the person may have wanted or said during their lifetime.

Who inherits under Florida law

In general, Florida's intestacy laws distribute property as follows:

• If you are married and have no children, your surviving spouse inherits your entire estate.
• If you are married, all of your children are also your spouse's children, and your spouse has no other children, your spouse inherits your entire estate.
• If you or your spouse has children from another relationship, your spouse receives one-half of the estate and your children share the other half.
• If you are not married, your children inherit equally. If you have no children, your estate generally passes to your parents, then to your brothers and sisters, and then to more distant relatives.

Your homestead follows separate rules. If you leave a spouse and children, your spouse typically receives a life estate, the right to live in and use the home for life. Your spouse may choose a one-half interest instead. The remaining interest passes to your children.

Common problems when there is no will

• In blended families, the surviving spouse often receives less than expected, while children from a prior relationship receive more.
• Minor children cannot receive a significant inheritance directly. The court may need to appoint a guardian of the property, which involves ongoing court supervision and expense.
• Florida law, rather than your own choice, determines who has priority to serve as the personal representative of your estate, the person who settles it.
• Unmarried partners, stepchildren, close friends, and charities generally receive nothing.

How to plan ahead

A properly signed Florida will allows you to decide who receives your property, name the personal representative you trust, and nominate a guardian for your minor children. A revocable living trust can go further by helping your family avoid probate for the assets the trust holds.

Florida has specific signing requirements for a valid will, including two witnesses, and a notary for the self-proving affidavit, which lets the court accept the will without locating the witnesses. Attorney Season A. Chisholm can review your situation and explain which approach suits your family. The first step is a complimentary 15-minute call or in-person consultation.