By Raymond Ferrer, Esq., Florida Bar No. 109090, Ferrer Counsel, Miami
Published October 26, 2026
Quick answer: If you die without a will in Florida, state law decides who inherits the property that goes through probate. Your spouse, children, parents, or other relatives receive shares in a fixed order set by the Florida Statutes, and a judge appoints someone to manage your estate. A will, along with a few other simple documents, lets you make those choices yourself.
What does “dying intestate” mean in Florida?
“Intestate” is the legal word for dying without a valid will. It happens more often than people think, especially with busy young families and people who keep meaning to “get to it.”
When there is no will, Florida does not simply hand everything to whoever seems most deserving. Instead, a set of rules in Chapter 732 of the Florida Statutes, called intestate succession, decides who gets what.
These rules apply to “probate” assets. Probate is the court process used to transfer property that was in your name alone, with no co-owner and no named beneficiary.
Who inherits if there is no will?
Florida law follows a set order. Here is a simplified version of how it works under Section 732.102 and Section 732.103, Florida Statutes.
If you are married
- Spouse and no children: your spouse receives everything.
- Spouse and children, all from this marriage, and your spouse has no other children: your spouse receives everything.
- You have children from a prior relationship: your spouse receives one-half, and your children share the other half.
- Your spouse has children from a prior relationship (and all of yours are with your spouse): your spouse receives one-half, and your children share the other half.
Blended families are very common in South Florida, and this is where many people are surprised. The law may split your estate in a way you never intended.
If you are not married
- Your children (or their children, if a child has died) share everything.
- If you have no children, your parents inherit.
- If your parents have died, your brothers and sisters inherit.
- After that, the law looks to grandparents, aunts, uncles, and cousins.
What about an unmarried partner?
This is a big one. Florida’s intestacy rules list spouses and relatives. An unmarried partner is not on the list, even after many years together. Without a will or other planning, a partner may receive nothing from your probate estate.
If no relative can be found at all, the property can eventually go to the State of Florida. This is called “escheat,” under Section 732.107.
What happens to my house in Florida if I die without a will?
Your home may be your largest asset, and Florida has special rules for a homestead (the home you live in as your permanent residence).
Under Section 732.401, if you die without a will and leave a spouse and children, your spouse generally receives a life estate in the home. That means your spouse can live there for life, but your children already own the home “after” your spouse.
Instead of a life estate, the surviving spouse can choose to take a one-half ownership interest, with the children owning the other half. That choice must be made within 6 months after the death, by filing a notice in the county records.
Either way, your spouse may end up co-owning the family home with your children. That can make it harder to sell, refinance, or make decisions about the house later. Homestead rules are complex, so this is an area where personal advice matters.
Who manages my estate if I don’t have a will?
Someone has to gather your assets, pay valid debts, and distribute what is left. In Florida, that person is called the personal representative. Other states sometimes use the word “executor.”
With a will, you choose this person. Without one, the court follows an order of preference in Section 733.301:
- Your surviving spouse.
- A person chosen by a majority of your heirs.
- The closest relative who applies.
If family members disagree, the court may have to decide. That can add time, stress, and cost for the people you leave behind.
Who takes care of my children if I die without a will?
For parents of young children, this may be the most important reason to have a will.
A will lets you name the person you want to raise your children if both parents are gone. Florida courts must consider a guardian named in a will under Section 744.312. Without that written wish, a judge decides based on what the court finds best, and relatives may disagree about who it should be.
Does everything go through probate if there is no will?
No. Some property passes outside of probate no matter what, including:
- Life insurance and retirement accounts with a named beneficiary
- Bank accounts marked “payable on death” (POD) or “transfer on death” (TOD)
- Property owned jointly with someone who has a right of survivorship
- Assets held in a living (revocable) trust
That is why updating your beneficiary forms is part of good planning. An old form naming an ex-spouse, or no one at all, can cause real problems.
How do I make a valid will in Florida?
Florida has specific signing rules. Under Section 732.502, a will must be in writing, signed at the end by you, and signed in front of two witnesses who also sign in front of you and each other.
Florida does not recognize handwritten wills that were not witnessed this way. A form from the internet that is signed incorrectly may not hold up.
A simple estate plan checklist for Florida families
The holidays are a natural time to think about family. Before the year ends, consider whether you have:
- A will that names who inherits, a personal representative, and a guardian for minor children
- A durable power of attorney for financial matters
- A health care surrogate designation and a living will
- Up-to-date beneficiary designations
- A conversation about whether a revocable trust makes sense for you
Frequently Asked Questions
Does my spouse automatically get everything in Florida if I die without a will?
Not always. Your spouse receives everything only if you have no children, or if all of your children are also your spouse’s and your spouse has no other children. Otherwise your spouse receives one-half.
Can an unmarried partner inherit without a will in Florida?
No. Florida’s intestacy rules cover spouses and relatives only. A will, trust, or beneficiary designation is needed to leave property to a partner.
Is a handwritten will valid in Florida?
Only if it is signed at the end and witnessed by two people as Florida law requires. An unwitnessed handwritten will is not valid in Florida.
How long does a surviving spouse have to choose half of the homestead?
The election must be made within 6 months after the death, by recording a notice in the county where the home is located.
Do I need a lawyer to make a will in Florida?
Florida does not require one, but strict signing rules apply and mistakes can make a will invalid. A lawyer can also coordinate your will with your home, accounts, and beneficiary forms.
Talk With Ferrer Counsel About Your Plan
Every family is different, and a short conversation can show you where you stand. Ferrer Counsel helps families in Miami-Dade and Broward Counties put wills, trusts, powers of attorney, and health care documents in place. Se habla español.
To schedule a consultation, call 305.423.0775 or visit our Contact page.
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This article is general information only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every situation is different, so please speak with a lawyer about your specific circumstances.