Many people assume estate planning can wait until later in life. Unfortunately, when someone dies without a will, known as dying intestate, Florida law decides who inherits their property. While these laws aim to be fair, they rarely reflect your personal wishes or family circumstances.
At E.P.P.G. Law of St. Johns, we help families in St. Augustine and Palm Coast create estate plans that bring clarity, confidence, and peace of mind. Understanding what happens without a will can help you take simple steps to protect your loved ones.
What Happens When Someone Dies Without a Will in Florida?
When a person passes away without a will, Florida’s intestate succession laws determine who inherits their assets. The process is handled through probate court, where a judge appoints an administrator to manage the estate.
Probate without a will can take many months or even years, especially if heirs are difficult to locate or family members disagree. Legal fees, court costs, and property expenses can quickly add up, reducing what’s left for beneficiaries.
For example, an estate valued at $1 million could face tens of thousands of dollars in administrative costs, depending on its complexity and the fees involved. Add mortgage payments, insurance, and maintenance, and it’s easy to see how much smoother things can be when a will is in place.
How Florida Intestate Succession Works
Florida law follows a set order to distribute property when there’s no will. Under Florida law, a specific order determines who inherits your property if you pass away without a will.
If the person was married
- The surviving spouse may inherit the entire estate if there are no other descendants.
- If the decedent or spouse has children from another relationship, the estate is typically divided, half to the spouse and half among the descendants.
If the person was unmarried
- Assets pass first to children or grandchildren.
- If there are none, property may go to parents, siblings, or more distant relatives.
- If no legal heirs can be found, the estate ultimately transfers (“escheats”) to the State of Florida.
These laws don’t consider personal relationships or intentions. Without a will, even distant relatives may inherit, while close friends or long-term partners could be left out entirely.
Why Probate Without a Will Is So Difficult
Even straightforward estates can take 18 months or more to resolve in probate. The exact timeline varies depending on court schedules, estate size, and whether disputes arise. During that time, assets are frozen, and bills continue to arrive. The court must approve every major decision, from selling a home to paying expenses.
If minor children are involved, the court also decides who will become their guardian. This person might not be who the parents would have chosen. A will allows you to name trusted guardians and ensure your children are raised by the people you choose.
The Benefits of Estate Planning
Estate planning isn’t only about paperwork; it’s about protecting your family’s future. A thoughtful estate plan often includes:
- A Last Will and Testament: Outlines how property will be distributed and names someone you trust to handle your estate. Read more in our blog, Wills vs Trusts in St. Augustine: Which One Works Best for Your Family and Assets
- Powers of Attorney: Allows someone to make financial or healthcare decisions if you can’t.
- Healthcare Directives: Clarify your medical preferences.
- Beneficiary Designations: Keep accounts such as life insurance and retirement plans aligned with your wishes.
Planning for Pets and Digital Assets
Few people realize that pets and digital assets, like cryptocurrency or online accounts, can also be lost in the shuffle without proper planning.
Florida law allows you to create a pet trust, setting aside funds for your pet’s care and naming someone to manage that responsibility. Digital property can also be transferred to a trusted person with clear written instructions.
Taking time to plan for these details ensures every part of your life is cared for thoughtfully.
Key Takeaways
- Without a will, Florida’s intestate laws decide who inherits your assets.
- Probate is often lengthy and costly, especially without clear instructions.
- Parents should have a will to name guardians for minor children.
- Estate planning ensures your wishes are honored and protects loved ones from unnecessary stress.
- Working with a compassionate estate planning attorney in St. Augustine FL brings peace of mind and clarity for your family’s future.
Protect Your Family Today
Creating a will is one of the most caring decisions you can make for your loved ones. Whether you’re starting your first plan or updating an existing one, the team at E.P.P.G. Law of St. Johns will guide you through every step with understanding and respect. Request a consultation today.
References: Daily Journal (May 5, 2025). Intestate succession: The risks and complications of dying without a will and Barron’s (Dec. 6, 2024). What Happens if You Die Without a Will? You Could Leave Heirs—and Pets—With Even More Grief