When someone dies without a valid will, Florida law decides who inherits. This is called dying intestate, and the result may not match what the person would have wanted.
Who inherits under Florida law
Florida’s intestacy rules set an order of priority, generally starting with a surviving spouse and the person’s descendants, and then moving to other relatives such as parents and siblings if there is no spouse or descendant. The exact shares depend on the family situation, including whether there are children from another relationship.
What else happens
- The estate generally must go through probate so a court can appoint a personal representative
- The court, not the family, decides who serves if no will names someone
- There is no guardian named for minor children in a will
- The process can take longer and cost more than a well-prepared plan
How to avoid it
A will, and often a revocable living trust, lets you decide who receives your property and who is in charge. Learn more about estate planning, or read about probate if you are settling an estate now.
This article is general information, not legal advice.
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