Dying without a will, or “intestate,” means that your estate will be distributed according to the state’s intestate succession laws. These laws determine how your assets will be divided among your surviving family members.
Here’s what happens if you pass away without a will in Florida.
Distribution of assets
In Florida, if you die intestate, your assets will be distributed based on your familial relationships. If you are married, have no children, or only share children with your spouse, your spouse typically inherits the entire estate.
If you have children from a previous relationship, your spouse will receive half of the estate, and your children will inherit the other half. If you have no spouse or children, your estate will go to your next closest relatives, such as your parents or siblings.
Appointing a personal representative
Without a will, you cannot designate a personal representative or executor to manage your estate. In this case, the court will appoint someone, typically a spouse or close relative, to take on this role. This person will handle your estate, pay off debts, and distribute assets according to the state’s intestate laws.
Guardianship of minor children
If you have minor children and die without a will, the court will decide who becomes their legal guardian. While the court aims to act in the children’s best interest, not having a will means that you have no say in who will raise them.
Dying without a will can lead to complications for your loved ones, including unintended distribution of your assets and court-appointed guardianship of your children. To avoid this, creating a will that clearly outlines your wishes is essential.