If you die without a will in Florida, you do not avoid having an estate plan; the state simply imposes one for you. Lawyers call this dying intestate, and the results often surprise families. Here is a practical look at what happens to a Miami resident’s estate when there is no will.
The State Decides Who Inherits
Florida’s intestacy statutes (Chapter 732) set a fixed order of who receives your assets. In general terms:
- If you are married with no descendants, your spouse inherits everything.
- If you are married and all descendants are shared with that spouse, the spouse still inherits everything.
- If you have descendants from another relationship, your spouse and descendants split the estate.
- If you are unmarried, assets pass to descendants, then parents, then siblings, and outward.
Notably, an unmarried partner inherits nothing under these rules, a common shock for couples who never formalized things.
Only Probate Assets Are Affected
Intestacy governs only assets that would have passed through your will. Property with a named beneficiary or joint owner, such as life insurance, retirement accounts, and many bank accounts, passes outside this process. So your estate may divide along two different tracks at once.
The Homestead Has Its Own Rules
Your Florida homestead does not simply follow the general intestacy chart. Constitutional provisions (Art. X, Section 4) and statute give a surviving spouse and minor children special rights in the home, sometimes a life estate or an undivided interest. For many Miami families, the home is the largest asset, so these rules matter enormously.
A Court Appoints Your Personal Representative
With no will, no one is named to handle your estate. The Miami-Dade probate court appoints a personal representative based on a statutory priority list, often the surviving spouse or a majority of heirs. This can lead to disputes among relatives who each want a say.
Probate Still Happens, Possibly Longer
Dying without a will does not skip probate. Depending on the size of the estate, it may qualify for summary administration (a faster process for smaller or older estates) or require formal administration (Chapters 733 to 735). Without a will to guide things, gathering proof of heirs can add time and cost.
Minor Children and Guardianship
If you have minor children and no will, you lose the chance to nominate a guardian. A court will decide who raises them, without the benefit of your wishes. This is often the most important reason parents in Miami make a will.
One Bright Spot
At least taxes are not an added worry: Florida imposes no state estate or inheritance tax, so heirs are not taxed by the state on what they receive.
Take Control With a Florida Attorney
Intestacy rarely matches what people actually want. If you would rather decide who inherits, who serves, and who cares for your children, consult a licensed Florida estate planning attorney in the Miami area to put a proper plan in place.
For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles New York elder law.
