Death Without a Will? There’s a Statute for That
By: Barry E. Haimo, Esq.
July 28, 2025
Do you really need a will? After all, you’re young and healthy, so the chances of you dying are slim, right? Or maybe you just don’t feel like you’ve accumulated enough in your life to warrant a will. What happens if you just… do nothing?
Short version: the court and the state decide what happens to your stuff. Unfortunately, the state’s plan may not reflect your wishes, your family’s needs, or your values.
How does that work?
Understanding the Rule of Intestate Succession
If you live in Florida and pass away without a valid will or trust, the state determines who inherits your assets through something called intestate succession. It is a legal order that gives the state the right to distribute any probate assets you have as described in Florida Statutes § 732.
Probate assets are things that aren’t jointly owned or don’t have a named beneficiary. This typically includes individually owned bank accounts, real estate titled solely in your name, and personal belongings.
Who Inherits Your Stuff Under Intestate Succession in Florida?
Here’s a simplified breakdown:
If you’re married with no children (or only children with your spouse): Your surviving spouse inherits everything.
If you’re married and have children from another relationship: Your spouse gets half, and your children split the other half.
If you have children but no spouse: Your children inherit everything equally.
No spouse or children? Your parents inherit everything.
No surviving parents? Then your siblings inherit, and so on down the line – nieces, nephews, cousins, etc.
If no heirs are found, your estate “escheats” to the state of Florida. That’s a fancy way of saying the government gets everything.
Why You Might Not Want This to Happen
Shockingly, a generic law designed to make the same thing happen to everyone can’t account for every type of family situation or relationship. Who would have thought?
Here are just a few examples where intestate succession may not do what you want:
You have a blended family. Florida’s laws don’t always account for stepchildren or other complex family dynamics.
Unmarried partners are excluded. Sure, you never married, but you’ve been together for 20 years. Doesn’t that count for something? Not with intestate succession. They get nothing.
Special needs and minor children may be unprotected. Without a trust or guardianship plan, their inheritance may be mismanaged or tied up in court.
You have no control over how or when assets are distributed. Heirs get their inheritance outright with no restrictions, no guidance.
The bottom line is that dying without a will means giving up control. Florida decides who gets what, when, and how – not you. Check out our inheritance rights chart for a visual of how this works.
Even a basic estate plan can help you avoid these outcomes, protect your loved ones, and make sure your legacy reflects more than just your family tree.
If you don’t make a plan, the state will. And odds are, you won’t like it.
Author:
Barry E. Haimo, Esq.
Haimo Law
Strategic Planning With Purpose
Email: barry@haimolaw.com
LinkedIn: http://www.linkedin.com/in/bhaimo
Google+: https://plus.google.com/u/0/+BarryEHaimoLaw/posts
YouTube: http://www.youtube.com/user/haimolawtv
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