Carter Foreman Attorneys At Law
352-616-7487
  • Home
  • About Our Firm
    • Matthew A. Foreman
    • David R. Carter (retired)
    • Kristy M. Blazys
    • Patricia L. Assmann
    • Staff
  • Practice Areas
    • Business Commercial Law
    • Estate Planning
    • Family Law
    • Personal Injury
    • Real Estate Law
  • Blog
  • Contact
Carter Foreman Attorneys At Law
  • Home
  • About Our Firm
    • Matthew A. Foreman
    • David R. Carter (retired)
    • Kristy M. Blazys
    • Patricia L. Assmann
    • Staff
  • Practice Areas
    • Business Commercial Law
    • Estate Planning
    • Family Law
    • Personal Injury
    • Real Estate Law
  • Blog
  • Contact
Email
CALL

Comprehensive Support From A Trusted Legal Team

  1. Home
  2.  | 
  3. Estate Planning
  4.  | 
  5. Who will inherit your Florida estate if you did not leave a will?

Who will inherit your Florida estate if you did not leave a will?

On Behalf of Carter Foreman PLLC | May 12, 2026 | Estate Planning

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.

Recent Posts

  • Before you sign the dotted line: 4 fine-print traps in Florida real estate deals
  • What to know about Florida property law shifts in 2026
  • Are hidden title traps delaying your inherited home?
  • Who will inherit your Florida estate if you did not leave a will?
  • Managing post-accident medical debt with attorney strategies

Archives

Categories

  • Business & Commercial Law
  • Estate Planning
  • Family Law
  • Foreclosure
  • Landlord Tenant
  • Personal Injury
  • Real Estate Law

Our Team Is Ready To Assist You

For exceptional service from an established firm, call 352-616-7487 or contact us through the form below.

Carter Foreman Attorneys At Law


Office:

5308 Spring Hill Drive
Spring Hill, FL 34606
Spring Hill Office
Carter Foreman Attorneys At Law
  • Follow
  • Follow
  • Follow


Call:

352-616-7487
Review Us

© 2026 Carter Foreman PLLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw