What Happens If You Die Without a Will in Florida?
Planning for the future is essential, yet many people delay or overlook writing a will. But what happens if you pass away without one? In Florida, dying without a will—also known as dying “intestate”—means that state laws will determine how your assets are distributed. If you're in Miami-Dade or anywhere in South Florida, understanding the Florida intestacy laws can help you protect your loved ones and your estate.
At Hadeed Legal, we specialize in probate and estate planning in Florida, ensuring that families in Miami-Dade, Broward, Palm Beach, and beyond have the proper legal protections in place. If you don’t have a will yet, here’s why you need one.
What is Intestate Succession in Florida?
When someone dies without a will in Florida, their estate goes through intestate succession, meaning the Florida probate court follows a strict legal order to distribute assets. These laws prioritize spouses, children, and close relatives, but the process is not always straightforward.
Understanding Florida probate law can prevent unnecessary legal battles and ensure your assets go where you want them to.
Who Inherits Your Estate If You Die Without a Will in Florida?
1. If You Are Married (With or Without Children)
Spouse Only – If you’re married with no children, your entire estate goes to your surviving spouse.
Spouse & Children (From That Marriage) – Your spouse inherits everything if all your children are from that marriage.
Spouse & Children (From Another Relationship) – If you have children from a previous relationship, your spouse receives half of the estate, and your children inherit the other half.
2. If You Have Children But No Spouse
Your children inherit everything, divided equally.
3. If You Have No Spouse or Children
Your parents inherit everything if they are alive.
If your parents are deceased, your siblings inherit your estate.
If you have no surviving parents or siblings, the law searches for more distant relatives such as nieces, nephews, grandparents, aunts, or uncles.
4. What If No Family Members Are Found?
If no legal heirs exist, your estate goes to the State of Florida—meaning the government takes everything.
Without a will, you lose control over who inherits your wealth, making estate planning in Florida essential to protect your loved ones.
The Probate Process in Florida for Estates Without a Will
Dying without a will does not mean assets automatically transfer to your heirs. Instead, the estate must go through Florida probate court, a legal process that can be:
✔ Time-consuming – Probate can take months or even years.
✔ Expensive – Attorney and court fees reduce the inheritance for your loved ones.
✔ Public – Probate records are public information, so anyone can see your estate details.
The best way to avoid probate complications in Miami-Dade or South Florida is to work with an experienced Florida estate planning attorney to draft a legally binding will.
How to Avoid Dying Without a Will in Florida
1. Create a Legally Binding Will
The simplest way to control your assets is by drafting a valid Florida will with the help of a qualified estate planning attorney.
2. Set Up a Living Trust
A revocable living trust helps avoid probate by automatically transferring assets to your chosen heirs.
3. Designate Beneficiaries on Key Accounts
Ensure you have named beneficiaries on retirement accounts, life insurance policies, and bank accounts to avoid probate delays.
4. Work With a Florida Estate Planning Lawyer
An experienced Miami probate attorney ensures your estate is structured properly, reducing legal disputes and protecting your loved ones.
Why Choose Hadeed Legal for Estate Planning & Probate in Florida?
At Hadeed Legal, we help families throughout Miami-Dade, Broward, Palm Beach, and all of South Florida navigate estate planning and probate with expert legal guidance. Our services include:
✔ Creating wills, trusts, and estate plans tailored to your needs.
✔ Guiding families through Florida probate court after a loved one passes.
✔ Helping heirs claim their rightful inheritance in Miami and beyond.
If you live in South Florida and want to protect your assets and family, now is the time to act.
Secure Your Legacy – Contact Hadeed Legal Today
Don’t let Florida intestacy laws decide the future of your estate. Whether you need help with probate in Miami-Dade or estate planning anywhere in South Florida, we’re here to guide you.
📞 Call Hadeed Legal Today for a free consultation and secure your family’s future.
📍 Serving: Miami, Fort Lauderdale, West Palm Beach, Tampa, Orlando, Jacksonville & all of Florida.