Short answer: If you die without a will in Florida, the state's "intestate succession" laws decide who inherits your property — usually your spouse and children, in shares set by statute. You don't get to choose who receives what, and your estate still has to go through probate.

That can come as a surprise to families who assumed everything would simply "go to the spouse" or "split evenly among the kids." Florida law has its own rules, and they don't always match what people expect. Here's how it actually works.

What does "intestate" mean?

"Intestate" is just the legal word for dying without a valid will. When that happens, Florida's intestate succession statutes act as a default will that the legislature wrote for you. Those rules tell the probate court exactly who your heirs are and what percentage each one receives.

The catch: the statute treats everyone the same. It can't account for the daughter who took care of you, the stepchild you raised as your own, the charity you cared about, or the relative you'd been estranged from for decades. It distributes by relationship and bloodline, not by your wishes.

How Florida law distributes assets without a will

Florida divides an intestate estate based on who survives you. These are the most common scenarios:

A spouse and no descendants. If you're married and have no children or other descendants, your surviving spouse generally inherits your entire probate estate.

A spouse and shared children. If all of your descendants are also descendants of your surviving spouse — and your spouse has no other children — the surviving spouse generally inherits everything. The idea is that the spouse will, in turn, care for the children you had together.

A spouse plus children from another relationship. This is where families are most often caught off guard. If you have children who are not also your spouse's children, or your spouse has children from another relationship, Florida splits the estate. The surviving spouse typically receives one-half, and your descendants share the other half. So the "everything goes to my husband or wife" assumption is simply wrong in blended families.

No spouse — children inherit. If you have no surviving spouse, your descendants inherit everything, divided among them. If a child has died before you but left children of their own, that branch generally steps into the deceased child's share.

No spouse and no children — up the family tree. If you leave no spouse and no descendants, Florida looks upward and outward: typically to your parents, then to your siblings (and their descendants), and on to more distant relatives if needed. If no eligible relative can be found at all, the property can ultimately pass ("escheat") to the State of Florida — though that outcome is rare.

A few important notes: these rules govern your probate assets. Property with its own beneficiary designation or survivorship feature — like life insurance, retirement accounts, payable-on-death accounts, or jointly titled real estate — usually passes outside this process to the named person. Florida also has special homestead protections that can affect how your home passes to a spouse and children.

The court appoints someone to run the estate

Without a will, you also haven't named a personal representative (Florida's term for an executor). So the probate court appoints one, generally giving priority to the surviving spouse or a person chosen by a majority of the heirs. That person manages the estate, pays valid debts and expenses, and distributes what's left according to the intestate shares.

Yes, probate is still required

A common myth is that "no will means no probate." The opposite is usually true. Dying without a will doesn't avoid probate — it just means the court follows the statute instead of your instructions. Probate is the court-supervised process of identifying assets, settling debts, and transferring what remains to the heirs, and an intestate estate still goes through it.

Minor children make it more complicated

If minor children stand to inherit, complications multiply. Florida generally won't simply hand a significant inheritance to a minor. The court may require a guardianship of the property to manage those funds until the child becomes an adult — adding cost, supervision, and delay. And if both parents have died without naming a guardian, the court decides who raises the children, without the benefit of your input.

A will (and often a trust) lets you name guardians for your children and set up how and when they receive their inheritance, instead of leaving those deeply personal choices to a judge.

Common mistakes and what to watch for

Assuming the spouse automatically gets everything. In blended families, they often don't.

Thinking no will means no probate. Intestate estates still go through probate — sometimes a longer, messier version.

Forgetting about beneficiary designations. Out-of-date beneficiaries on life insurance or retirement accounts override what you might assume, and a will doesn't change them.

Leaving money directly to minors. Without planning, the court may have to step in to manage it.

Counting on a verbal promise. "We talked about who gets the house" carries no legal weight in intestate succession. Only a valid will or estate plan does.

Ignoring homestead rules. Florida's homestead protections can change how your home passes — and surprise heirs who assumed otherwise.

A will or trust puts you back in control

The takeaway is simple: when you die without a will, Florida writes the plan for you. With a will — and, where it fits, a revocable living trust — you decide who inherits, who manages your estate, who cares for your children, and how to keep things smoother for the people you leave behind.

How Hernandez Legal, P.A. can help

We help Florida families on both sides of this: putting a thoughtful estate plan in place before it's needed, and guiding loved ones through probate after a loss. If you don't yet have a will or trust, we can walk you through your options in plain English and build a plan that fits your family. If a parent or spouse has passed away without a will, we can help you navigate the probate process and the intestate rules above.

Ready to take the next step? Schedule a consultation with Hernandez Legal, P.A. to create or update your estate plan — or to get help with a probate matter that's already underway.

This article is attorney advertising and is provided for general informational purposes only. It is not legal advice and does not create an attorney-client relationship. Outcomes depend on the specific facts of each matter. For advice about your situation, contact Hernandez Legal, P.A.