What Happens If There’s No Will in Florida? Understanding Intestate Probate

When someone passes away in Florida without a valid will, they’re considered to have died “intestate.” That means state law decides who inherits — not the family or the person who passed. For many, this comes as a shock, leading to confusion, unexpected heirs, and even painful family disputes. Here’s what you need to know about Florida’s intestate probate process, who gets what, who handles the estate, and why planning ahead matters.

⚖️ What Does “Intestate” Mean in Florida?

When there’s no will, Florida’s intestacy statutes (found in Chapter 732 of the Florida Statutes) dictate exactly who inherits. The process is purely legal — the court doesn’t consider personal relationships, only the family tree.

• ✅ Spouse and children usually share the estate: If there’s a spouse and children from that marriage, the spouse typically inherits everything. But if there are children from outside the marriage (for example, from a previous relationship), the estate is split between the spouse and those children.
• ✅ If there’s no spouse, it goes to children equally. If there are no children, it moves to parents, then siblings, then more distant relatives.
• ✅ If absolutely no relatives are found, the estate may eventually “escheat” to the state.

This can create heartbreak for long-time partners or stepchildren who discover they have no legal right to inherit under Florida law without a will.

👤 Who Becomes the Personal Representative Without a Will?

When there’s no named executor in a will, the probate court appoints a “personal representative.” Florida has a priority system:

• ✅ Usually the surviving spouse goes first.
• ✅ If no spouse, then adult children are next in line.
• ✅ If no immediate family, other relatives or sometimes even professional fiduciaries can be appointed.

Most people don’t realize how much responsibility comes with this role. The personal representative must:

• 📑 Gather and inventory all assets.
• 💰 Pay off valid debts and taxes (even filing a final tax return).
• 🏠 Maintain and possibly sell property.
• 📂 Provide detailed accountings to the court and heirs.

Typical costs: In Florida, formal probate often costs 3-8% of the estate value once you factor in court fees, attorney costs, appraisals, and personal representative commissions. For a \\$300,000 home, that might mean \\$9,000–\\$24,000 eaten by probate.

😲 What Surprises Families Most About Intestate Probate?

• ✅ Stepchildren receive nothing by default. Florida law only counts biological and legally adopted children. Even if a stepchild was raised like their own, they’re excluded unless there’s a will saying otherwise.
• ✅ Long-term partners may get left out entirely. Without marriage or a legal document, your partner inherits nothing under intestate laws.
• ✅ Some assets bypass probate and go straight to named beneficiaries. Life insurance, retirement accounts, or joint bank accounts pass directly. This can cause family shock when someone thought they’d be inheriting equally.

These surprises are why so many family conflicts (and costly legal fights) erupt after a loved one dies intestate.

🤝 How Probate Advocates Helps Families Through Intestate Estates

Dealing with Florida’s intestate process while grieving a loss can feel overwhelming. At Probate Advocates, we help by:

• ✅ Explaining Florida’s inheritance rules in plain English, so there are no ugly surprises about who gets what.
• ✅ Coordinating the local work, like property securing, cleanouts, appraisals, and ongoing maintenance so the estate stays protected.
• ✅ Connecting families to trusted Florida probate attorneys, who handle court filings and keep everything compliant.

We also provide regular updates, so heirs know exactly where things stand and can avoid turning on each other out of fear or confusion.

✍️ A Wake-Up Call: Why Planning Ahead Matters

Going through intestate probate is a powerful reminder of why even a simple estate plan matters. A basic will ensures your assets go to the people you actually want — not just who Florida law picks. A trust can avoid probate altogether, saving your heirs months of court time and thousands in fees.

• ✅ Avoid surprises like stepchildren being left out.
• ✅ Keep long-term partners protected.
• ✅ Reduce family stress and keep relationships intact.

It’s not about wealth. It’s about peace of mind for the people you love most.

Get Help Navigating Florida Intestate Probate

Disclaimer: This content is for informational purposes only and does not replace legal or financial advice. Always consult a qualified professional about your unique situation.