If you die without a will, Florida law decides who inherits your assets through what’s called “intestate succession.” This is a fixed legal formula, and it doesn’t take into account your personal wishes, relationships, or family dynamics.
For example, if you’re married with children from that marriage, your spouse typically inherits everything. But if you have children from a previous relationship, your spouse may only receive half, with the rest divided among your children — even if that’s not what you would have wanted.
Unmarried partners, no matter how long the relationship, receive nothing under intestate succession law. Friends, charities, and stepchildren (unless legally adopted) are also excluded entirely.
Dying without a will also means the court appoints your personal representative, rather than you choosing someone you trust. If you have minor children, the court — not you — decides who becomes their guardian, sometimes based on limited information.
Intestate succession is designed to be fair in a generic sense, but it’s rarely a perfect match for any specific family. Having a will, even a simple one, ensures your actual wishes are followed.
