What Happens If You Don’t Have a Will in Florida?

When someone passes away without a valid will in Florida, their assets don’t just get distributed randomly. Instead, the state follows a legal order called the intestacy priority list. This determines who inherits the estate.

At the top of the list is the surviving spouse. In many cases, the spouse receives a significant portion—or even the entire estate—depending on whether there are children involved and if they are from the same relationship.

Next in line are lineal descendants, which include children, grandchildren, and direct bloodline heirs. If there is no surviving spouse, these individuals typically inherit the estate.

If no descendants exist, the estate passes to the parents of the deceased. If the parents are no longer living, the law looks to siblings, then grandparents, followed by aunts and uncles.

Finally, if none of these relatives are available, the estate may go to the kindred of the last deceased spouse, meaning the family of a previously deceased spouse.

This structured order ensures that assets stay within the family, but it may not always reflect what the deceased would have wanted. That’s why having a will or trust is so important—it gives you control over who receives your assets and helps your loved ones avoid confusion or disputes.

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.