What Happens If My Parents Pass Away Without an Estate Plan?

Losing a parent is never easy, and the stress can double when you discover they didn’t leave a will or any form of estate plan. Many families assume everything will “just go to the kids,” but that’s not always how the law works. When someone passes away without a will, this is called intestate—and the state steps in to decide what happens next.

Here’s a simple breakdown of what actually happens if your parents pass away without an estate plan.

1. The Court Decides Who’s in Charge

Without a will, there’s no named personal representative (also known as an executor). This means the probate court will appoint someone—usually a surviving spouse or adult child—to manage the estate.

This person will be responsible for:

• Handling paperwork

• Paying debts

• Collecting assets

• Distributing property according to state law

If family members disagree about who should handle the estate, probate can take even longer.

2. State Law Decides Who Inherits the Assets

When there's no will, the court uses Florida’s intestate succession laws to choose the heirs. Here’s the general order:

• If there is a surviving spouse: The spouse may receive everything or share with the children, depending on family circumstances.

• If there is no spouse: The children inherit everything equally.

• If there are no children: Parents, siblings, or other relatives may inherit.

It doesn’t matter what your parent said they wanted—only what the law provides.

3. Property Cannot Be Transferred Without Probate

Even if everyone agrees who should inherit the home, bank accounts, or personal items, you cannot legally transfer those assets without probate.

Probate creates a legal pathway to:

• Transfer the home into the heirs’ names

• Access bank accounts

• Sell or distribute property

• Handle debts and taxes

Without probate, everything stays frozen.

4. Accounts Without Beneficiaries Are Delayed

If your parents didn’t list beneficiaries on their bank accounts, retirement accounts, or insurance policies, those funds don’t automatically pass to you. They become part of the probate estate, which means more paperwork and more time.

5. If Minor Children Are Involved, the Court Must Step In

If a parent leaves assets to minor children, the court may need to appoint a guardian to manage the inheritance until the child turns 18. This adds another layer of supervision and cost.

6. Family Conflict Can Slow Down Everything

When there’s no estate plan, families sometimes disagree about:

• Who should serve as personal representative

• How to divide belongings

• What the parent “would have wanted”

Probate court becomes the referee, which can make the process longer and more expensive.

7. It Can All Be Avoided With Proper Planning

The hardest part is knowing that most of these issues are avoidable. A simple estate plan—like a Revocable Trust, Will, Power of Attorney, and Advance Directives—keeps families out of court and prevents delays, disagreements, and unnecessary stress.

Final Thoughts

If your parents pass away without an estate plan, probate will be necessary. The court—not the family—decides how everything is handled. That’s why planning ahead is so important.

If you want a smoother process, fewer delays, and more control over how assets are protected and transferred, creating an estate plan early makes all the difference.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.