What Happens if Someone Dies Without a Will in Florida?

When a loved one dies without a will, Florida law calls this intestacy. Many families in Ormond Beach, Volusia County, and across Florida are surprised to learn that the state decides who inherits when no will exists. The result can be far different from what the deceased person might have wanted.

Understanding Florida’s intestacy laws is critical if you are facing probate without a will.

Florida’s Intestate Succession Rules

The rules for intestacy are governed by Florida Statutes, Chapter 732. Who inherits depends on whether the deceased person (the “decedent”) leaves behind a spouse, children, or other family members.

Florida Case Law on Intestacy

Florida appellate courts have reinforced that intestacy laws are applied strictly, even if the outcome feels unfair:

• In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971) – The Florida Supreme Court explained that probate courts must apply statutory rules exactly as written, not based on family expectations.
• Lopez v. Lopez, 90 So. 3d 215 (Fla. 3d DCA 2012) – The court confirmed that intestacy statutes control inheritance when there is no valid will, regardless of equitable arguments.
• In re Estate of McFarlin, 365 So. 2d 45 (Fla. 1st DCA 1978) – Clarified that heirs cannot “work around” intestacy statutes with informal family agreements; the statute governs.

These cases show that judges have little discretion — the statute decides who inherits.

Florida Intestacy Chart

To simplify, here’s a visual guide to intestacy distribution:

Florida Intestate Distribution (Common Scenarios)

• Spouse only, no children → Spouse inherits 100%
• Spouse + children (all shared with that spouse) → Spouse inherits 100%
• Spouse + children (some from outside the marriage) → Spouse gets 50%, children share the other 50%
• Children only (no spouse) → Children inherit 100% equally
• No spouse, no children → Parents inherit 100%
• No spouse, no children, no parents → Siblings inherit
• No surviving heirs → Estate escheats to the State of Florida

Common Examples

• A man in Ormond Beach dies without a will, leaving a wife and two children from a prior marriage. His wife inherits 50%, and the children inherit 50% split equally.
• A widow dies without children, and her parents are deceased. Her siblings inherit the estate equally.
• A single woman with no spouse, children, parents, or siblings dies intestate — her estate escheats to Florida.

Why This Matters

Families often assume property will “just go” to the closest relatives, but Florida law has strict formulas. Without legal guidance, heirs can make costly mistakes in probate court. Having an experienced probate attorney ensures the estate is handled properly, conflicts are avoided, and family assets are preserved. 

Contact Andrew Pascale – Florida Probate & Foreclosure Defense Attorney

If your loved one passed away without a will, you need a probate lawyer who understands Florida’s intestacy rules.

Andrew John Pascale has helped families in Ormond Beach, Volusia County, and across Florida navigate probate and inheritance disputes.

Law Offices of Andrew Pascale, P.A.
761 W. Granada Blvd. #112
Ormond Beach, FL 32174