Most people know they should have a will—but many put it off, thinking they’ll get to it “someday.” The truth is, not having a will doesn’t just leave your wishes unknown—it can leave your family overwhelmed and confused at one of the hardest times of their lives.
So what actually happens if you pass away in Florida without a will?
What Is Intestate Succession?
When you die without a valid will, your estate is considered intestate, meaning the state of Florida decides who inherits your property—not you.
Under Florida’s intestate succession laws, your assets are distributed to your closest relatives in a strict legal order:
- If you’re married with children from that same marriage, your spouse typically inherits everything.
- If you have children from a prior relationship, your estate may be split between your spouse and your children—even if you wanted one person to inherit it all.
- If you’re single with no children, your estate could go to your parents, siblings, or even distant relatives you’ve never met.
The court doesn’t consider emotional closeness, financial need, or verbal promises. The law is the law.
What About Minor Children?
Here’s the part that shocks most parents: if you don’t name a legal guardian for your children in a will, the court decides who raises them. Even if you assume a family member would step in, without a written designation, there’s no guarantee it will be the person you’d choose—or that custody proceedings won’t get messy.
Can’t I Just Tell My Family What I Want?
Verbal instructions, handwritten notes, or informal emails won’t hold up in probate court. Florida law requires a will to be:
- In writing
- Signed by the testator (you)
- Signed in the presence of two witnesses
Without that, the court considers it invalid. Your loved ones will be stuck navigating a legal maze, possibly facing delays, disputes, and unnecessary legal costs.
Why Creating a Will Is Easier Than You Think
Drafting a will doesn’t have to be a long or expensive process. In fact, I offer flat-fee will packages that are affordable, especially for young families or retirees wanting peace of mind. We’ll walk through your wishes, help you avoid common pitfalls, and make sure everything is legally sound under Florida law.
Don’t Leave It Up to the Courts. Take Control of Your Legacy.
Whether you need a basic will or a more comprehensive estate plan with trusts, powers of attorney, and healthcare directives, I can help. Protect your loved ones—and your wishes—before it’s too late.
Schedule a consultation today and let’s create a plan that works for your life, your values, and your family.