What Happens When Someone Dies Without a Will in Florida?
- jvtaormina
- Sep 16
- 2 min read
Losing a loved one is always difficult. But when someone passes away without leaving a will, families in Florida often face additional challenges. Without a will, the deceased is considered to have died “intestate.” This means the court — rather than the individual — decides how assets are distributed.
If you’re in Orange County, Florida, understanding how intestate succession works and what role the Personal Representative plays is key. An experienced Orlando probate attorney can help guide you through this process.
What Is Intestate Succession in Florida?
When a person dies intestate, Florida’s intestacy laws (found in Florida Statutes Chapter 732) control who inherits. The probate court follows a strict order based on family relationships:
Spouse only (no children): The surviving spouse inherits everything.
Spouse and children from that marriage: The spouse also inherits everything.
Spouse and children from another relationship: The spouse and children split the estate.
Children only (no spouse): The children inherit equally.
No spouse or children: Assets pass to parents, then siblings, and then to more distant relatives.
No surviving family: The estate may eventually go to the State of Florida.
The Role of Probate in Intestate Estates
Even without a will, most estates must go through probate. Probate is the court-supervised process that ensures:
All assets are identified and secured.
Creditors and final expenses are paid.
The remaining assets are distributed according to Florida law.
The court will appoint a Personal Representative (sometimes called an executor in other states). This person is responsible for managing the estate during probate.
Who Can Serve as Personal Representative?
In Florida, the court usually gives preference to close relatives. A surviving spouse is typically first in line. If there is no spouse, then adult children or other heirs may be appointed.
Under Florida Statute §733.303, a Personal Representative must:
Be at least 18 years old.
Be a Florida resident (or a close relative of the deceased).
Have no felony convictions.
Because this role comes with fiduciary duties, the Personal Representative must act in the best interests of the estate and its beneficiaries.
Common Questions About Dying Without a Will in Florida
Will the state take everything?
No. The State of Florida only inherits if the deceased has no surviving family members.
Can the family choose how to divide the assets?
Not without court approval. Florida’s intestacy statutes control the distribution, even if family members agree on a different arrangement.
Do I need an attorney?
Not always. You may be able to handle a Summary Administration on your own. Florida law requires a probate attorney to represent the Personal Representative in most cases, especially in formal administration.
Get Help From an Orlando Probate Attorney
Dying without a will can create confusion, stress, and sometimes disputes. But with the right legal guidance, families in Orange County can navigate probate smoothly and ensure assets are distributed correctly.
At Taormina Law, P.A., Attorney Joe Taormina helps families handle probate cases with compassion and efficiency.
👉 If your loved one passed away without a will in Florida, contact Attorney Joe Taormina at Taormina Law, P.A. for trusted guidance. Visit TaorminaLawPA.com to schedule a consultation.
Comments