You might assume your belongings will automatically pass to your loved ones when you die. In Florida, however, the law decides who receives your estate if you leave no valid will. To understand what this means for your family, it helps to start with Florida’s intestacy laws.
Understanding Florida’s intestacy laws
When you die without a valid will, Florida’s intestacy succession laws take effect. These are the state’s default rules for distributing your estate. The law usually relies on your family relationships to determine who inherits your assets. Before these laws come into play, though, it is important to know which of your assets actually fall under their reach.
Assets that enter the probate process
Intestacy laws only apply to assets that go through probate. As a result, not everything you own will follow this path, but several common asset types do. Here is what typically enters the probate process:
- Real estate: Property that you hold solely in your name or as ‘tenants in common’ passes through probate.
- Bank and investment accounts: Accounts without a named ‘payable on death’ (POD) or ‘transfer on death’ (TOD) beneficiary go through probate.
- Personal property: Items like vehicles, jewelry, art or furniture that you own solely in your name go through probate.
- Assets naming the estate: Life insurance policies, investment retirement accounts (IRAs) or annuities that list your estate as the beneficiary or name no beneficiary, also enter probate.
Once you know what qualifies, you can better understand who Florida law designates to receive them.
Who receives your estate under Florida law?
Now that you know which assets enter probate, the next question is who actually receives them. The outcome usually depends on whether you have a spouse, children or other relatives. Here is how each scenario plays out:
- If you are married with no children: Your spouse inherits your entire estate, as Florida gives full priority to a surviving spouse in this situation.
- If you are married with children: Your spouse still inherits everything, since both of you share all the children together.
- If you are married with children from a prior relationship: Your spouse receives half of the estate, while your children from the prior relationship divide the remaining half equally.
- If you are not married with children: Your children inherit the entire estate in equal shares, regardless of their age.
- If you have no spouse or children: The estate passes first to your parents, then to your siblings and then to more distant relatives if necessary.
- If no heirs are found: If Florida cannot identify any living relatives, the estate transfers to the State of Florida through a process called escheat.
As you can see, the law follows a fixed order that may not reflect your true intentions.
Protect the people and assets your value most
Your estate represents a lifetime of hard work and the people in your life deserve to benefit from it the way you intended. A valid will gives you that control. In fact, putting a plan in place is one of the most thoughtful things you can do for the people you love. The right guidance is available when you are ready and even small steps today can make a meaningful difference for your family tomorrow.