What Happens if You Die Without a Will in Florida?

What Happens if You Die Without a Will in Florida?

Many people delay writing a will, assuming they will have time to plan later. Unfortunately, life can be unpredictable, and passing away without a will, known as dying intestate, can create confusion and financial strain for your loved ones. In Florida, the state determines how your property is distributed when no valid will exists, and the results may not reflect your personal wishes. At The Law Offices of Petrovich & Kutub, we help families understand Florida’s intestacy laws and how to avoid unnecessary complications through careful estate planning.

Without a will, the Florida Probate Code governs who inherits your property. These laws apply regardless of verbal agreements or personal intentions. Consulting a probate attorney in West Palm Beach ensures that your estate is distributed according to your goals rather than through default state provisions.

How Florida’s Intestate Succession Works

When a person dies without a will, their estate is distributed under intestate succession. The law prioritizes family relationships, beginning with spouses and children. However, the outcome may differ from what the deceased would have chosen. Below is a general outline of how assets are distributed under Florida law:

• Surviving Spouse Only: The entire estate goes to the spouse if there are no descendants.
  
• Spouse and Shared Children: If both spouses share all surviving children, the spouse receives the entire estate.
  
• Spouse and Stepchildren: If the spouse has children from another relationship, the spouse inherits half of the estate, and the other half is divided among your children.
  
• Children Only: If there is no surviving spouse, the children inherit everything in equal shares.
  
• Parents: If there are no spouse or children, the parents receive the estate.
  
• Siblings or Extended Family: If no parents are alive, siblings inherit next, followed by more distant relatives.
  

An intestate succession attorney can help families interpret these laws and represent their interests if disputes arise. Florida’s statutes are detailed, and each case can vary depending on marital status, blended families, and existing assets.

Common Problems Families Face Without a Will

Dying intestate often leaves surviving relatives with uncertainty and emotional stress. Without written instructions, family members may disagree about property distribution, guardianship of children, or control of financial accounts. A court must then step in to resolve these issues, which can delay the process and increase costs.

Without a will, you also lose control over who manages your estate. The court will appoint someone to serve as the personal representative, and that person might not be who you would have chosen. If you have minor children, the court also determines their guardian, rather than you naming one yourself.

Having a written plan prevents these problems before they occur. Our estate administration lawyer can help you create a legally sound will that protects your loved ones, clarifies your wishes, and provides financial stability for your family.

The Probate Process Without a Will

Probate is the legal procedure for settling a deceased person’s affairs, including identifying assets, paying debts, and distributing property. When there is no will, the process becomes more complicated because the court must apply Florida’s statutory rules instead of following your preferences. The steps generally include:

• Collecting and valuing assets
  
• Appointing a personal representative
  
• Paying outstanding debts and taxes
  
• Distributing property to heirs according to Florida law
  

This process can take several months or longer if disagreements arise among family members. With the guidance of a wills and probate lawyer, families can navigate probate more efficiently and protect their legal rights.

If you need immediate help understanding the probate process in Florida, schedule a consultation with our firm today to receive clear guidance and peace of mind.

Why You Should Have a Will

Even for modest estates, not having a will can create long-term financial and emotional strain. Family members may be forced to prove their legal relationship to you, or property may pass to relatives you never intended to benefit. Additionally, without a will, your estate might face higher administrative costs and taxes, reducing what your loved ones ultimately receive.

A well-written will allows you to name beneficiaries, designate guardians for minors, and appoint a trusted representative to manage your affairs. It also ensures that cherished possessions, such as family heirlooms or business assets, are handled in accordance with your personal wishes. Establishing a will with help from an attorney provides both structure and protection for your family’s future.

How Legal Guidance Can Protect Your Legacy

Planning for the future is one of the most meaningful gifts you can give your loved ones. At The Law Offices of Petrovich & Kutub, we assist individuals and families in creating wills and navigating Florida’s probate system with confidence. Our attorneys tailor each plan to reflect your personal, financial, and family goals while ensuring compliance with state law.

Whether you are preparing your first estate plan or revising an existing one, our firm can help you secure your legacy and minimize future complications. Proper planning prevents unnecessary disputes and ensures your assets are distributed clearly and fairly. To begin preparing your will or updating your current plan, contact us today.