Have you ever wondered what would happen to your assets if you die without a will in Florida? It’s a common concern—and an important one. Many assume the state automatically claims your property, but that’s not usually the case. Instead, Florida’s probate system follows a set of legal rules to distribute your estate. While the process may be structured, it may not align with your wishes.

This article explains how Florida probate works when there’s no will, what intestate succession means, and why it’s critical to take control through proper estate planning.

What Does “Intestate” Mean?

If someone dies without a valid will, they are considered to have died intestate. In these cases, Florida probate rules (no will) come into play, meaning the court will decide who receives your assets based on a legally defined hierarchy—not your personal preferences.

Without a will, the court follows Florida’s intestacy statutes, which may leave out people you care about while favoring distant relatives.

Who Inherits When There’s No Will in Florida?

The order of inheritance in Florida without a will is:

  1. Spouse

  2. Children or Grandchildren

  3. Parents

  4. Siblings

  5. Nieces and Nephews (children of deceased siblings)

Here’s a quick breakdown of what typically happens:

  • If you’re married and have no children from another relationship, your spouse inherits everything.

  • If you have children from a prior relationship, your spouse gets half, and your children share the other half.

  • If no spouse or children survive you, your estate goes to your parents, then to siblings, and finally to nieces and nephews, if necessary.

If no eligible heirs are found, your estate may “escheat” to the State of Florida. While rare, it does happen.

Are Adopted or Posthumous Children Included?

Yes. Legally adopted children and children born during your marriage have equal inheritance rights under Florida law. Even children born after your death may inherit, as long as they are recognized by law.

On the other hand, ex-spouses are not entitled to inherit unless they’re specifically named in estate planning documents.

What Happens to Minor Children Without a Will?

If you pass away with minor children and no will in Florida, the surviving biological parent usually gets custody. If both parents are deceased or unfit, a close relative can ask the court for guardianship.

However, without a will, you don’t get to choose who cares for your children. Including a guardianship designation in your will ensures your children are raised by someone you trust. Judges typically honor these requests, provided the guardian is suitable.

Can Foreign Beneficiaries Inherit from a Florida Estate?

Yes, they can. Residency or citizenship status does not prevent someone from inheriting under Florida probate (no will) rules. Even if your heir lives in another country—such as Cuba—they may still receive their share of your estate. However, international probate issues can be more complex, requiring legal support to resolve.

Why You Shouldn’t Rely on the State to Decide

Florida’s intestacy laws follow a strict formula. If you want your estate to go to someone outside your family—a close friend, unmarried partner, charity, or even a pet—this will not happen without a will.

Plus, Florida probate with no will often involves delays, court involvement, and family disputes. With a proper estate plan, you can:

  • Choose who inherits your assets

  • Appoint a guardian for your minor children

  • Minimize taxes

  • Avoid probate delays

  • Name a trusted personal representative

Trusted Probate and Estate Planning Services in Florida

At Doane & Doane, P.A., we help Florida residents take control of their future with clear, customized estate plans. Since 2003, our team has served families and individuals across Southeast Florida with skilled legal guidance in probate, wills, and trusts.

Our founding attorneys, Randell C. Doane and Rebecca G. Doane, are board-certified in probate and trust law, and also bring CPA credentials to the table—giving clients a rare combination of financial and legal expertise.

Whether you're planning your estate or managing the probate process after a loved one passed without a will, we’re here to help.

Don’t Let the State Decide for You

If you pass away without a will in Florida, your estate will be distributed based on the law—not your wishes. Avoid complications and protect your family’s future by creating a will or trust today.

? Contact Doane & Doane, P.A. at 561-656-0200 or fill out our online form to schedule your consultation.