Most people don’t like to think about what will happen after they’re gone, and it’s easy to put off making a will or trust. But here’s something important you should know: if you pass away without a will, you are considered to have died “intestate.” That single word—intestate—means that state law, not you or your family, decides who gets your assets.
At Silvers Law, P.A., we’ve guided countless families in Clearwater and across Florida through this exact situation. Many of them come to us surprised at how complicated and stressful the process can be. The good news? With the right planning, intestacy is completely avoidable.
What Does Intestate Mean?
The term intestate simply means dying without a valid will. When that happens, your property doesn’t just get divided the way your family thinks makes sense. Instead, the Florida intestacy statutes determine exactly who inherits your assets and in what order of priority.
These laws are designed to provide a default plan, but they’re one-size-fits-all. They don’t take into account blended families, estranged relatives, close friends, or charities you might have wanted to include.
How Does Intestate Succession Work in Florida?
Florida’s intestate succession laws set a strict order of inheritance:
- Spouse and children first. If you’re married with children, your spouse and children usually split your estate, though how it’s divided can vary depending on whether all children are from the same marriage.
- Children only. If there is no surviving spouse, your children inherit everything.
- Parents, then siblings. If there’s no spouse and no children, your estate passes to your parents. If your parents aren’t living, it goes to your siblings.
- Extended family. If none of the above are living, Florida law keeps going down the family tree—grandparents, aunts and uncles, cousins, and so on.
- The State of Florida. If no relatives can be found, the state itself inherits your estate.
This might sound straightforward, but in real life, it often isn’t. For example, what happens if you’re in a second marriage and have children from a prior relationship? Or if you’ve raised a stepchild as your own, but never formally adopted them? Intestacy laws don’t cover those situations the way most families would hope.
Why Intestacy Often Creates Problems for Families
We’ve seen firsthand how intestacy can lead to confusion, hurt feelings, and even family conflict. Some common challenges include:
- Unintended heirs. A distant relative you haven’t spoken to in years may inherit instead of the person you trusted most.
- Disputes between siblings. When the law splits assets equally, disagreements can arise over sentimental items, property, or how things should be managed.
- Financial strain. The probate process without a will is usually slower and more expensive, leaving loved ones in limbo.
- No say in guardianship. If you have minor children, the court decides who raises them.
In short, dying intestate can create the exact kind of uncertainty and stress you probably want to avoid for your loved ones.
How to Avoid Intestate Succession
The only way to make sure your wishes are honored is to create an estate plan. That typically starts with a will or trust, along with other essential documents like a power of attorney and advance healthcare directive.
Here’s how these documents can help:
- A will ensures your property goes to the people you choose.
- A trust allows your assets to be managed and distributed efficiently, often without the delays and costs of probate.
- Guardianship designations give you control over who raises your children if something happens to you.
- Advance directives make your healthcare wishes clear, sparing your family from painful decisions.
Why Work With an Estate Planning Attorney?
Some people think they can get by with an online template or that they don’t own “enough” to need an estate plan. But even small estates can run into big problems if there’s no clear plan in place.
At Silvers Law, P.A., we focus exclusively on estate planning, probate, and guardianship law. This means we know the Florida statutes inside and out, and we take the time to understand your family’s unique circumstances. Our goal is to protect your loved ones from unnecessary stress and make sure your legacy is passed on the way you intended.
We’ve helped families who were caught off guard by intestacy laws, and many of them tell us the same thing afterward: “I wish we had planned sooner.”
Perfect — adding FAQs will make the blog post more approachable for readers and stronger for SEO. Here’s a draft FAQ section you can add at the bottom of the intestate article:
Frequently Asked Questions About Intestate Succession in Florida
Does everything go to my spouse if I die intestate in Florida?
Not always. If you pass away without a will and you have a surviving spouse and all children are from that same marriage, your spouse will typically inherit everything. But if you have children from a prior relationship, your estate is divided between your spouse and your children. The specific division depends on your family structure, which is why estate planning is so important to avoid unintended outcomes.
Can stepchildren inherit if I die intestate?
In Florida, stepchildren are not automatically recognized under intestacy laws unless they have been legally adopted. Even if you’ve raised a stepchild as your own, they won’t inherit unless you’ve made a will or trust that includes them. This is one of the biggest surprises families encounter, and it’s a situation we often help clients address through careful estate planning.
What happens to my minor children if I die without a will?
If you pass away intestate, a court will decide who becomes the guardian of your minor children. This may or may not be the person you would have chosen. By creating a will, you can designate a guardian in advance and ensure your children are cared for by someone you trust.
Who gets my estate if I have no spouse or children?
If you die intestate without a spouse or children, Florida law looks to your parents first. If your parents are no longer living, the estate passes to your siblings. If there are no siblings, the law continues down the family line to grandparents, aunts, uncles, and cousins. If no relatives can be found, the state of Florida will inherit your estate.
Can intestate succession be avoided once someone has died?
Unfortunately, no. Once a person dies intestate, Florida law determines how the estate is divided. The only way to avoid intestacy is to have an estate plan in place before death. That’s why taking the time to create a will or trust is one of the most important steps you can take for your family.
Take the Next Step
If you don’t yet have a will or trust, now is the time to act. Creating an estate plan is one of the most caring things you can do for your family. It ensures that your wishes are honored and your loved ones are protected from unnecessary legal complications.
Silvers Law, P.A. is here to help you take that step with compassion, knowledge, and the personal attention you deserve. Contact us today to schedule a consultation and learn how we can help you avoid intestate succession and build a plan that reflects your wishes.
