It’s one of the most overlooked risks families face, and it can tear relationships apart
Most people assume that if they pass away without a will, their spouse or children will inherit what’s left behind. In Florida, it’s not that simple. When someone dies without a valid will, their estate must go through intestate probate. This is a court-supervised process governed by Florida’s intestacy statutes, not by personal wishes. The result often surprises families, creating confusion, delay, and conflict at a time when emotions are already high.
A Boca Raton estate planning attorney understands that failing to plan can cause real harm to families. An experienced lawyer can help avoid those pitfalls while saving loved ones significant stress, time, and expense later on.
When the State, Not You, Decides Who Inherits
Dying without a will means the Florida legislature decides how an estate is divided. The court follows a strict order of inheritance:
- Spouse and Descendants: If there is a surviving spouse but no children or grandchildren, the spouse inherits everything. If there are children from a current marriage, the spouse receives a lump sum and half of the remaining estate; the children share the rest.
- Descendants Only: If there’s no surviving spouse, the children inherit equally.
- Extended Family: If no spouse or descendants survive, the estate passes to the individual's parents, siblings, nieces, nephews, or other relatives, sometimes very distant ones.
- No Relatives: If no legal heirs exist, the estate transfers, or “escheats,” to the State of Florida.
This framework does not consider personal circumstances, emotional bonds, or fairness. Long-time partners, stepchildren, or friends are completely excluded, regardless of intentions. For many Floridians, especially in blended or unmarried households, this can result in devastating outcomes that no one expected.
Family Disputes Can Tear Relationships Apart
Probate often becomes emotional even when a will exists. Without one, the process can spiral into full-blown family conflict. Adult children may disagree over who should handle the estate. A second spouse may clash with stepchildren over who owns what. Siblings may fight over sentimental belongings or accuse one another of mismanaging funds.
Because Florida intestacy law leaves no room for personal discretion, family members often feel powerless, or worse, cheated. Once those disputes enter the courtroom, relationships can fracture permanently. Having a clear, legally executed estate plan allows you to make those choices yourself and prevent family members from turning on each other when they should be supporting one another.
The Fallout of Dying Without a Will in Florida
When someone dies without a will in Florida, the fallout often extends far beyond questions of inheritance. Intestate estates must go through formal probate, a lengthy and costly process that can disrupt families and drain assets. Without written instructions, the court decides who inherits, who manages the estate, and, in some cases, who raises surviving children.
Several consequences commonly arise:
- Extended Probate Proceedings: Formal probate can last months or even years. The court must appoint a personal representative, identify heirs, and oversee asset distribution, all of which take time and increase legal expenses.
- Higher Costs and Diminished Assets: Attorney fees, court costs, and appraisal expenses are paid directly from the estate, thereby reducing the amount beneficiaries ultimately receive.
- Uncertain Guardianship for Children: If both parents die without naming a guardian, the court decides who will raise minor children. Judges must rely on limited information, and family members may disagree, creating painful disputes.
- Unintended Heirs and Exclusions: Florida’s intestacy laws exclude unmarried partners, stepchildren, and close friends, even if they were part of the decedent’s daily life. Meanwhile, distant relatives may inherit simply because they qualify under statute.
- Family Conflict and Emotional Strain: Without clear direction, disputes can arise over property, sentimental belongings, or the control of the estate. Grieving families are left to navigate complex procedures, financial pressure, and fractured relationships.
- Property Escheating to the State: In rare cases where no legal heirs exist, the estate “escheats,” meaning the assets revert to the State of Florida’s School Fund, leaving nothing for anyone else.
Each of these outcomes can be prevented with a properly executed will or comprehensive estate plan. Planning ahead gives families clarity, stability, and peace of mind — and ensures that personal wishes, not state law, dictate the future.
Why Estate Planning Matters
Creating a will is not just about dividing assets. It’s about protecting your family and giving them a roadmap for what comes next. Whether your estate is modest or substantial, having a clear plan ensures that your loved ones are cared for, your wishes are respected, and your legacy is preserved.
The Levy Firm, PLLC, helps South Florida families design estate plans that reflect their unique circumstances, including blended families, real estate ownership, guardianship decisions, and tax considerations. Our legal team focuses on creating clear, enforceable plans that minimize stress, expense, and uncertainty during life’s most difficult moments.
If you don’t have a will, or if yours hasn’t been updated in years, now is the time to take action. Contact The Levy Firm, PLLC for a free consultation to discuss how a tailored estate plan can protect your family, your assets, and your peace of mind.
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