One of the most common fears we hear in Boca Raton is, “What happens to everything if I never get around to making a will?” The short answer: Florida has already written a default plan for you, and you may not like it. Here is what dying intestate actually looks like.
Who decides where my property goes?
If you die without a valid will, you die “intestate,” and Florida’s intestacy statutes (Chapter 732) take over. The state, not you, dictates who inherits and in what shares. Your wishes, however clear they were in conversation, carry no legal weight if they are not in a properly executed document.
Doesn’t my spouse just get everything?
Not always. Under §732.102, a surviving spouse gets the entire estate only in certain situations, for example, when there are no surviving descendants, or when all descendants are shared by both spouses and neither spouse has other children. In a blended family, common in Boca Raton, the estate is split between the spouse and the deceased’s descendants. That surprises many people who assumed the survivor would take all.
What if I’m not married and have no children?
Florida follows a set order: it moves to your parents, then to siblings, then to more distant relatives such as nieces, nephews, and cousins. A long-term partner you never married inherits nothing under intestacy. A close friend or favorite charity receives nothing. Only a will or trust can include them.
What happens to my Boca Raton home?
Your homestead is governed by Florida’s constitutional homestead rules (Article X, Section 4) in addition to intestacy. If you leave a spouse and descendants, the spouse may receive a life estate or, by election, a one-half interest, with the rest passing to descendants. Homestead also carries creditor protection that passes to heirs. The result can be co-ownership among people who never wanted to share a house.
Who handles the estate if I named no one?
With no will, there is no nominated personal representative. The court appoints one, usually the surviving spouse or a majority of heirs by preference. This can lead to disputes when family members disagree about who should be in charge, adding delay and cost to an already stressful time.
Who raises my minor children?
Without a will nominating a guardian, a Florida court decides who raises your minor children. The judge chooses based on the child’s best interests among available relatives. The person you would have chosen may never be considered. This is one of the hardest consequences of skipping a will.
Does intestacy mean a longer probate?
Often, yes. Intestate estates still go through Florida probate, either formal administration or, for smaller or older estates, summary administration. But disputes over who inherits and who serves as personal representative tend to slow things down. A clear will usually makes the process smoother and faster for the family left behind.
A note on protecting your family
Florida’s intestacy rules are a safety net, not a substitute for your own choices. If you want your spouse, partner, children, or favorite cause to be provided for the way you intend, talk with a licensed Florida estate planning attorney in the Boca Raton area before life makes the decision for you.
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For more on our Florida practice, see our overview of Florida estate planning. Morgan Legal Group's affiliated New York office also handles .
