It’s a scenario no one likes to imagine - passing away without a will. Yet, it’s a reality for many Florida residents. When this happens, the state decides what happens to your property, not you. This process is known as intestate succession, and it can lead to outcomes that don’t reflect your true wishes.
At Richard A. Heller, P.A., we help clients in Winter Park and throughout Central Florida protect their loved ones from this uncertainty. Here’s what you need to know about what happens if you die without a will in Florida and why it’s so important to plan ahead.
What Is Intestate Succession?
When someone dies without a valid will, they are said to have died “intestate.” In Florida, this triggers the intestate succession process, which follows a strict order of inheritance set by state law, regardless of your personal relationships, wishes, or family dynamics.
Here’s how Florida’s intestate succession laws typically work:
- Married with no children: Your spouse inherits everything.
- Married with children (from the same spouse): Your spouse still inherits everything.
- Married with children from a previous relationship: Your spouse gets half, and your children split the other half.
- Single with children: Your children inherit everything equally.
- No spouse or children: Assets go to your parents, siblings, or more distant relatives in a specific order.
- Note that homestead property and exempt property intestate distributions may be different than the above.
This structure often overlooks modern family arrangements, stepchildren, unmarried partners, or charitable causes you may have wanted to support.
The Probate Process in Florida
Even if you die with a will, your estate will likely go through probate, but without a will, the process is usually more complicated. The probate court will appoint a personal representative (someone to manage your estate) and oversee the distribution of your assets according to Florida law.
This process can be:
- Time-consuming
- Costly
- Emotionally draining for surviving loved ones
Without clear guidance, families can face confusion, disputes, or even litigation.
Why You Should Create a Will
A valid will allows you to:
- Choose who inherits your property
- Appoint a trusted personal representative
- Designate guardians for minor children
- Provide for stepchildren or non-relatives
- Minimize the risk of family conflict
At Richard A. Heller, P.A., we believe estate planning should be straightforward, affordable, and tailored to your life. Whether you're just starting your family or preparing for retirement, now is the right time to make your wishes known.
Don’t Leave It Up to the State – Plan Ahead
The best way to protect your loved ones and ensure your legacy is honored is by creating a solid estate plan - starting with a will.
Call Richard A. Heller, P.A. today at 407-501-4052 or contact us online to schedule a consultation to discuss wills, trusts, and the right plan for your future.