What Happens if Someone Dies Without a Will in Florida?

When people die in Florida, the law requires that their assets are first applied to pay their debts, and then their remaining assets are distributed to whom they designate in their last will and testament or in their living trust.

But, what happens to someone’s assets if they die without either a properly executed living trust or will?

Intestate Deaths in Florida

When someone dies without a will, they are said to have died “intestate.” Any part of a decedent’s estate not included in a valid will or trust will be subject to the laws of intestacy. Florida statutes prescribe who inherits intestate property.

Surviving Spouse’s Rights To Intestate Estate

A surviving spouse inherits all of an intestate estate if all the decedent’s lineal descendants are shared between the decedent and spouse and neither spouse has offspring from other relationships.

If there are other descendants, then the spouse receives half of the estate, and the remaining half is divided among all of descendants.

What Happens If There Is No Surviving Spouse

If you die intestate without a surviving spouse, Florida statutes determine the order of inheritance. Your estate will be distributed in the following priority order:

1. Your children inherit your entire estate equally (or their descendants if they predecease).
2. If you have no living descendants, your parents inherit equally.
3. If you have no living descendants or parents, then your siblings inherit the estate equally.

Property Not Subject to Intestate Statute

There are assets not subject to the statutory laws of intestate succession. Property owned in joint tenancy or tenancy by the entirety passes to the surviving joint owner automatically upon the death of either joint owner.

Other assets designate inheritance by contract. For instance, pensions, retirement accounts, life insurance, and annuities are inherited by the designated beneficiaries in their respective financial agreements.

About the Author

Jon Alper is a nationally recognized attorney specializing in asset protection planning. He graduated with honors from the University of Florida Law School and has practiced law for almost 50 years.

Jon and the Alper Law firm have advised thousands of clients about how to protect their assets from creditors.