What Happens If You Die Without a Will in Florida: The 2026 Guide

Meta Description: Die without a will in Florida and your family gets 6-24 months of probate hell plus $20k+ in fees. Here’s exactly who inherits and how to avoid the mess for $69.

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Picture this: You’re enjoying retirement in The Villages, or maybe dodging tourists on I-4, when Florida Man (a.k.a. fate) decides today’s your day. You die. Your family’s devastated. And then they discover you never wrote a will.

Welcome to dying intestate in Florida, where the Sunshine State becomes the “Why Did You Do This To Us” State. Your loved ones get to navigate probate court while grieving, spend thousands on lawyers they don’t need, and watch the state decide who gets your beachfront condo.

If you’ve been putting off estate planning because you’re “too young” or “will do it next year,” this guide is your intervention. We’re breaking down exactly what happens when you die without a will in Florida, who actually inherits your stuff (spoiler: maybe not who you think), what probate will cost your family, and how to prevent this nightmare for less than a nice dinner at Bern’s Steakhouse.

Florida’s intestacy laws don’t care about your wishes, your relationships, or who helped you survive Hurricane Season 2023. They care about legal formulas and bloodlines. Let’s dive in.

Florida Intestate Succession Laws: Welcome to Legal Chaos

When you die without a will in Florida, the state’s intestacy laws (Florida Statutes Chapter 732) take control of your legacy. Think of it as letting a government bureaucrat who’s never met you decide what happens to everything you’ve worked for.

The Legal Framework: Florida Statutes Chapter 732

Florida’s intestacy statute is like a flowchart designed by someone who hates your family. The state follows a rigid hierarchy based on blood relation and legal marriage—actual relationships don’t matter.

The Florida inheritance pecking order:

1. Surviving spouse
2. Descendants (children, grandchildren)
3. Parents
4. Siblings and their descendants
5. More distant relatives (grandparents, aunts, uncles, cousins)

No surviving relatives anywhere? Your entire estate “escheats” to the state of Florida. At least they’ll use it for something—probably fixing sinkholes or funding alligator management.

How Florida Divides Your Estate Without a Will

Florida’s division rules are complicated and often create problems that make family reunions very awkward.

Scenario 1: Married, No Children or Only Shared Children

Your spouse inherits everything. Simple.

The catch: If you die shortly after each other (car accident, Florida storm), your entire estate passes to your spouse’s family under intestacy, not yours.

Scenario 2: Married with Children from Another Relationship (Blended Family)

This is where Florida gets messy.

What happens:

• Your spouse gets 1/2 of your estate
• Your children (from any relationship) split the other 1/2

Example: You own a $600,000 house with your current wife. You have two kids from your first marriage. You die without a will.

• Current wife: $300,000 (1/2)
• Your two kids from first marriage: $150,000 each (1/4 each)

Now your current wife and your ex’s kids co-own the house. Your wife wants to stay in her home. Your kids want their inheritance in cash. Nobody can afford to buy out the others. The court orders the house sold. Everyone loses.

This is the #1 source of Florida probate litigation.

Scenario 3: Not Married, Have Children

Your children inherit everything, split equally.

If your kids are minors:

• Court appoints a guardian to manage their inheritance until age 18
• At 18, they get complete control
• Most 18-year-olds blow their inheritance within 12 months

Scenario 4: Not Married, No Children

Your estate goes to:

1. Your parents (split equally if both alive)
2. If no parents, your siblings (split equally)
3. If no siblings, your nieces and nephews
4. If none, to grandparents
5. Then to more distant relatives

No relatives at all? Florida keeps everything.

Scenario 5: You Have a Spouse AND Your Own Parents

If you’re married but also have living parents and no children:

• Your spouse gets 1/2
• Your parents get 1/2

Example: You’re 35, married, no kids yet. You die in a motorcycle accident. Your estate is worth $400,000.

• Your spouse: $200,000
• Your parents: $200,000 (split equally, $100k each)

Your spouse is grieving and now has to split assets with your parents. Your parents might not approve of your spouse. Recipe for disaster.

Special Cases in Florida

Adopted Children:
Full inheritance rights, same as biological children.

Stepchildren:
Zero inheritance rights unless you legally adopted them. You could have raised them for 20 years—doesn’t matter under intestacy law.

Half-Siblings:
Same inheritance rights as full siblings in Florida.

Children Born Out of Wedlock:
Inherit from their mother automatically. Inherit from their father only if:

• Parents married after birth
• Paternity established by court order
• Father acknowledged paternity in writing

Posthumous Children:
Children conceived before your death but born after inherit as if born during your lifetime.

Domestic Partners / Unmarried Couples:
Zero inheritance rights. Florida doesn’t recognize common law marriage (except those validly created in other states before January 1, 1968).

Your partner of 30 years? Not married? They inherit nothing under intestacy law.

Ex-Spouses:
If you divorce but don’t update your estate plan, Florida law automatically revokes any provisions in your will benefiting your ex-spouse. But without a will? This protection doesn’t help.

The Florida Probate Process: Your Family’s Nightmare Journey

Florida probate is expensive, slow, and entirely public. Here’s the 6-24 month odyssey your family faces.

Step 1: Determine Which Type of Probate Applies

Florida has three types of probate administration:

Disposition Without Administration:

• Estate worth $6,000 or less (rare)
• Only covers funeral and last medical expenses

Summary Administration:

• Estate worth $75,000 or less, OR
• Decedent died more than 2 years ago
• Simplified process, faster
• 2-6 months typically

Formal Administration:

• Estate worth more than $75,000
• Full probate process
• 6-24 months (or longer with disputes)

Most Florida estates require formal administration. That’s what we’re focusing on.

Step 2: File Petition and Open Estate (Weeks 1-4)

Someone (usually spouse or adult child) must file a petition with the Florida Circuit Court in the county where you lived.

Required documents:

• Original death certificate
• List of all assets and their values
• List of all debts
• List of beneficiaries/heirs
• Filing fee: $400-$500

The court schedules a hearing to appoint a personal representative (called “executor” if there’s a will, “administrator” if there isn’t).

Step 3: Court Appoints Personal Representative (Weeks 4-8)

Florida has a priority order for who can serve as personal representative:

1. Surviving spouse
2. Person selected by majority of heirs
3. Heir closest in kinship
4. Creditor (if no family volunteers)

The personal representative must:

• Be a Florida resident, OR
• Be related to you by blood, marriage, or adoption
• Post a bond (insurance against theft/mismanagement)

Bond cost: Typically $300-$500 plus 0.5%-1% of estate value annually.

Non-Florida residents can serve only if related to you. This creates problems for blended families with out-of-state stepchildren.

Step 4: Creditor Notice Period (Months 2-5)

Florida requires a 3-month creditor claim period.

The personal representative must:

1. Publish notice in a local newspaper (once a week for 2 weeks)
2. Directly notify known creditors
3. Wait 3 months for creditor claims (starting from first publication)

Cost of publication: $150-$350

During this time, your family can’t distribute assets, can’t close accounts, and can’t sell property without court approval. Bills keep piling up.

Florida creditor priority:

1. Estate administration costs (court fees, attorney fees)
2. Funeral expenses (up to $6,000 without court order)
3. Federal taxes
4. Medical expenses from last 60 days
5. Family allowance (spouse/dependents can petition for support during probate)
6. All other debts

Step 5: Asset Inventory and Appraisal (Months 2-6)

The personal representative must file a detailed inventory within 60 days of appointment:

• All real estate (requires professional appraisal)
• Bank accounts
• Investment accounts
• Personal property
• Business interests
• Retirement accounts
• Life insurance
• Everything

Appraisal costs: $400-$800 per real estate property

Florida probate values are based on fair market value as of date of death.

Step 6: Pay Debts and Taxes (Months 4-12)

Before heirs get anything:

• All valid creditor claims must be paid
• Final income tax returns filed (federal and Florida)
• Any estate taxes paid

Florida estate tax: None. Florida has no estate or inheritance tax.

Federal estate tax: Only applies to estates over $13.61 million (2024). Most Floridians don’t hit this threshold.

Step 7: Petition for Distribution (Months 10-18)

The personal representative files a petition for final distribution including:

• Complete accounting of all money in/out
• Proposed distribution plan per Florida intestacy law
• Request for personal representative fees
• Request for attorney fees
• Final report

The court reviews everything. Heirs can object. Disputes add months (or years).

Step 8: Court Approval and Distribution (Months 12-24)

If the court approves, assets are finally distributed to heirs.

Average timeline:

• Simple estates: 6-12 months
• Moderately complex: 12-18 months
• Complex or contested: 18-24+ months

The Cost of Florida Probate: Death Tax Without the Tax

Florida attorney fees for probate are “reasonable” (not statutorily set like California), but there are customary guidelines:

Typical Attorney Fees (Based on Estate Value):

Estate Value	Typical Attorney Fee	Personal Rep Fee	Total Fees
$200,000	$5,000-$7,000	$6,000	$11,000-$13,000
$500,000	$10,000-$15,000	$15,000	$25,000-$30,000
$1,000,000	$18,000-$25,000	$30,000	$48,000-$55,000
$2,000,000	$30,000-$45,000	$60,000	$90,000-$105,000

Additional Costs:

• Court filing fees: $400-$500
• Publication fees: $150-$350
• Appraisal fees: $400-$800 per property
• Bond fees: 0.5%-1% of estate value
• Accounting fees: $500-$1,500
• Miscellaneous: $1,000-$2,000

Total cost for a $500,000 Florida estate: $27,000-$35,000

Total cost with Killswitch: $69

That’s a 99.8% savings on drama.

Florida’s Homestead Protection: The Exception

Florida’s homestead laws protect your primary residence from most creditors. When you die:

If survived by spouse or minor children:
Your homestead is exempt from creditors (except mortgage, taxes, HOA fees). But intestacy law still determines who inherits it, which can create co-ownership nightmares.

Constitutional restrictions:

• If you’re survived by a spouse or minor child, you can’t leave homestead to anyone else in your will without their consent
• This doesn’t help if you die intestate—it just limits your options if you have a will

Florida homestead law is complex. It protects the home but creates ownership complications that require careful planning.

Everything Becomes Public Record

Florida probate is public. Anyone can access:

• Your assets and their values
• Your debts
• Who your heirs are
• Family disputes
• How much everyone inherited

Your nosy neighbor, your ex, journalists, scammers—all can read about your estate. Florida probate files are online in most counties. Google-able.

Real-World Florida Consequences: What Happens to Your Family

Florida’s unique demographics (retirees, snowbirds, blended families) create specific nightmares when people die without wills.

Snowbirds and Multi-State Probate

If you own property in Florida and another state (common for snowbirds), your family needs probate in both states.

Real scenario: Couple from Michigan owns winter home in Sarasota. Husband dies without will. Estate requires:

• Michigan probate for Michigan assets
• Florida ancillary probate for Florida condo
• Two sets of legal fees, two courts, two timelines
• Total cost: $45,000+
• Timeline: 24+ months

A will doesn’t avoid this entirely, but a revocable trust does.

Second Marriages and Blended Families

Florida is full of second marriages and blended families. Intestacy laws create war zones.

Real scenario: Man remarries at 62, has two adult children from first marriage. Buys house with new wife (titled in his name only). Dies at 68 without a will. Estate: $800,000 including $500,000 house.

Under Florida intestacy:

• New wife: $400,000 (1/2)
• His kids from first marriage: $400,000 (1/2)

The kids now own half the house their dad’s widow lives in. They want cash. She wants to stay. No one can afford buyouts. Court orders sale. House sells below market (forced sale). Legal fees consume $60,000. Family destroyed.

With a will, he could have left the house entirely to his wife and other assets to his kids. Without a will? Legal formula doesn’t care about common sense.

Domestic Partners Get Nothing

Florida doesn’t recognize common law marriage or domestic partnerships for inheritance purposes.

Real scenario: Couple lives together in Tampa for 25 years. Never married. House in his name only. He dies without will. His estranged brother (who he hasn’t seen in 15 years) inherits everything. Partner of 25 years gets nothing. 30 days to vacate the home they shared for a quarter century.

The Condo Fight: Florida’s Favorite Probate Battle

Real scenario: Parent owns condo in retirement community. Dies without will. Three adult children inherit equally (1/3 each).

• One wants to keep it as vacation property
• One wants to sell immediately
• One wants to rent it out

Florida law requires agreement for sale or rental. They can’t agree. The condo sits empty for 18 months during probate. HOA fees, property taxes, insurance accumulating. Finally forced partition sale ordered by court. Legal fees consume 25% of sale proceeds. Siblings don’t speak anymore.

Digital Assets in the Sunshine State

Florida Statutes §740.003 (Revised Uniform Fiduciary Access to Digital Assets Act) gives personal representatives access to digital assets—but only if you granted permission.

Without a will specifying what happens to:

• Cryptocurrency (many Florida crypto holders)
• Online businesses
• Domain names
• Social media accounts
• Cloud storage
• Digital photos

These can be permanently lost. Bitcoin wallet password dies with you. Online business shuts down. Digital memories locked forever.

Business Succession Disasters

Florida has 2.7+ million small businesses. Dying without a succession plan kills many of them.

Real scenario: Miami small business owner dies without will. Three adult children inherit equally. One works in the business, two don’t. The two who don’t work there vote to sell. Working child can’t afford to buy them out. Business goes on market. Sale takes 14 months. Key employees leave. Clients flee. Business sells for 40% of pre-death value.

How to Avoid Florida Probate: Actually Protect Your Family

Florida offers several ways to avoid or minimize probate. Here’s how to take control.

Option 1: Create a Will (Bare Minimum Protection)

A will doesn’t avoid probate in Florida, but it:

• Lets YOU decide who inherits
• Lets YOU pick guardians for minor children
• Names YOUR executor
• Speeds up probate (no guessing your wishes)
• Prevents family feuds
• Costs 99.8% less than dying intestate

Florida will requirements:

• Age 18+ and mentally competent
• Written and signed by you
• Signed by two witnesses (in your presence and each other’s presence)

Florida does NOT recognize holographic (handwritten) wills. Must be witnessed.

Traditional Florida attorney: $800-$2,500 for simple will

Killswitch: $69, valid in all 50 states including Florida, unlimited updates

Option 2: Revocable Living Trust (Avoid Probate Entirely)

A living trust holds your assets during your lifetime. When you die:

• Assets in the trust skip probate entirely
• Beneficiaries get assets in weeks, not years
• Everything stays private (no public record)
• No court involvement

Benefits for Floridians:

• Avoids ancillary probate for out-of-state property
• No 6-24 month wait
• Maintains privacy
• Lower total costs

Downsides:

• More complex to set up ($2,000-$5,000 with attorney)
• Must transfer all assets into trust
• Requires ongoing management

Best for: Florida retirees with property in multiple states, anyone with assets over $500k, blended families, anyone valuing privacy.

Option 3: Beneficiary Designations (Partial Solution)

These assets skip probate if you designate beneficiaries:

• Life insurance policies
• Retirement accounts (401k, IRA, 403b)
• Bank accounts with “payable on death” (POD)
• Investment accounts with “transfer on death” (TOD)

These transfer directly to beneficiaries immediately. No probate. No court. No waiting.

Warning: Keep beneficiaries updated. Ex-spouses, deceased people, or “whoever you named in 2008” still inherit unless you update.

Option 4: Joint Ownership (Use Carefully)

Florida recognizes several forms of joint ownership:

Tenancy by the Entireties (married couples only):

• Automatic transfer to surviving spouse
• Protects from individual creditors
• Good for primary residence

Joint Tenancy with Right of Survivorship:

• Automatic transfer to co-owner
• Can be used by non-married people

Tenancy in Common:

• Goes through probate (avoid for estate planning)

Risks of joint ownership:

• Co-owner can drain account while you’re alive
• Co-owner’s creditors can attack the asset
• Can create gift tax issues
• Can accidentally disinherit intended beneficiaries

When it works: Primary residence with spouse, bank accounts with spouse.

When it’s dangerous: Adding adult children to accounts “for convenience.”

Option 5: Enhanced Life Estate Deed (Lady Bird Deed)

Florida allows “enhanced life estate deeds” (also called “Lady Bird Deeds”) for real estate.

How it works:

• You keep full control during your lifetime (can sell, mortgage, etc.)
• Property automatically transfers to named beneficiary at death
• Skips probate entirely
• No gift tax during your lifetime
• Protects Florida homestead exemption

Benefits:

• Simple and inexpensive to create
• Avoids probate
• Maintains your complete control while alive
• Protects homestead property tax benefits
• Can be changed or revoked anytime

Best for: Florida homeowners who want to avoid probate but keep full control of their property.

The Smart Florida Strategy

Minimum protection (simple estates):

1. Will ($69 with Killswitch)
2. Beneficiary designations on retirement/bank accounts
3. Lady Bird Deed for Florida homestead
4. Joint ownership with spouse on primary accounts

Better protection (moderate estates):

1. Will
2. Lady Bird Deed for real estate
3. Beneficiary designations
4. Powers of Attorney (financial and healthcare)

Maximum protection (complex estates, multi-state, blended families):

1. Revocable Living Trust
2. Pour-over will (catches assets not in trust)
3. Beneficiary designations
4. Powers of Attorney
5. Healthcare directives

Killswitch: Florida Estate Planning That Doesn’t Suck

You know what happens if you die without a will in Florida. Your family gets 6-24 months of probate, $30,000+ in fees, and the state decides who gets your stuff.

Or you could spend 30 minutes and $69 to make these decisions yourself.

How Killswitch Works for Florida Residents

Killswitch is online will creation for people who have better things to do than visit a law office in Boca or Miami for three hours.

What you get:

• Legally valid Florida will in 30 minutes
• Unlimited free updates (divorce, new kids, move to new state—update anytime)
• Plain English (no “heretofore” or “witnesseth”)
• Instant download and secure storage
• 14-day money-back guarantee

What you can specify:

• Who inherits what (specific bequests)
• Guardian for minor children
• Executor to handle your estate
• Digital asset instructions (crypto, online accounts)
• Funeral wishes
• Anything else that matters

Florida-specific compliance:

• Meets all Florida Statute requirements (Chapter 732)
• Proper witness requirements (2 witnesses)
• Valid in all 67 Florida counties
• Works with Florida probate courts
• Coordinates with Lady Bird Deeds and beneficiary designations

Cost comparison:

Option	Cost	Time	Updates
Florida attorney	$800-$2,500	2-4 weeks	$300+ each
LegalZoom	$99-$299	1 hour	$99+ each
Killswitch	$69	30 minutes	Free forever

What it doesn’t cover:

• Revocable living trusts (attorney needed)
• Complex tax planning (attorney needed)
• Business succession planning (attorney needed)

But for most Florida residents? This is everything you need.

Frequently Asked Questions: Florida Estate Law

Does Florida have an estate tax or inheritance tax?
No. Florida eliminated its estate tax in 2004. Federal estate tax applies only to estates over $13.61 million (2024).

Are handwritten wills valid in Florida?
No. Florida does not recognize holographic (handwritten) wills. You must have two witnesses.

Can I disinherit my spouse in Florida?
Not entirely. Florida gives surviving spouses an “elective share” of 30% of the elective estate. Your spouse can choose this over what’s in your will. This protects spouses from disinheritance.

Can I disinherit my children in Florida?
Yes, but you must explicitly state this in your will. Simply not mentioning them isn’t enough—they could claim you forgot them.

What about Florida homestead property?
Florida’s homestead laws restrict who you can leave your home to. If you’re survived by a spouse or minor child, you generally cannot devise homestead to anyone else. Homestead automatically goes to surviving spouse (life estate) with remainder to descendants.

What if I own property in Florida and another state?
You’ll need probate in both states (ancillary probate). A revocable living trust avoids this problem entirely.

Can my domestic partner inherit?
Only if you have a will leaving them property. Under Florida intestacy law, domestic partners inherit nothing.

How long do people have to contest a will in Florida?
Generally 3 months after receiving notice of administration. After 2 years from date of death, will contests become much harder.

What happens to my pets?
Pets are property under Florida law. You can specify who gets them in your will. Florida also allows “pet trusts” to ensure your pets are cared for financially.

Do I need to notarize my Florida will?
No, but a “self-proving affidavit” (signed by you and witnesses before a notary) makes probate faster. Witnesses don’t have to testify in court later.

Key Takeaways: Don’t Let Florida Decide Your Legacy

Here’s what you need to remember about dying without a will in Florida:

What happens:

• Florida intestacy law decides who inherits (not you)
• 6-24 months of probate court
• $27,000-$35,000+ in costs for typical estates
• Court picks guardian for minor children
• Everything becomes public record
• Blended families end up in litigation
• Domestic partners inherit nothing

Who inherits without a will:

• Married, no kids or only shared kids: Spouse gets everything
• Married with kids from another relationship: Spouse gets 1/2, kids split 1/2
• Single with kids: Children split everything
• Single, no kids: Parents, then siblings, then extended family
• Married with parents but no kids: Spouse gets 1/2, parents get 1/2

How to prevent it:

• Create a will ($69 with Killswitch)
• Use Lady Bird Deeds for Florida real estate
• Designate beneficiaries on all accounts
• Consider a revocable living trust for complex estates
• Update everything after major life events

Bottom line: Dying without a will in Florida means your family spends 6-24 months in court and $30,000+ in fees while a judge decides what you “probably wanted.” Or you could spend 30 minutes and $69 to make those decisions yourself.

Your move, Florida.

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Don’t Leave Your Family in Florida Probate Hell

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Still going to “get to it later”?

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