What to Do When a Loved One Dies Without a Will in Florida

Losing someone you care about is hard enough — not knowing what comes next can make it even harder. 

If a loved one passes away without a will in Florida, it’s called “dying intestate.” That means the state decides how their assets are distributed, who handles the process, and what the timeline looks like. Without a clear plan in place, family members are often left with more stress, questions, and unexpected legal steps. 

Here’s what to know about what happens when someone dies without a will and how you can move forward with confidence.  

What Does “Dying Intestate” Mean? 

When someone dies without a will, Florida law determines who gets what. This system doesn’t take into account close friends, unmarried partners, or personal wishes.  

This process is called intestate succession. The state uses a specific order of priority for family members, which doesn’t always match what your loved one may have wanted. 

If the person was married, their spouse might receive everything, or they may have to split assets with children from a previous relationship. If there’s no spouse or children, the estate might go to parents, siblings, or more distant relatives. 

Who Is in Charge of the Estate? 

Without a will, no one is named to manage the estate. That means someone must apply to be the personal representative (also called an executor).  

Florida law gives preference to certain people, usually the surviving spouse or an adult child. If multiple people want the role or there’s a disagreement, the court may need to decide. 

The personal representative is responsible for: 

• Gathering and valuing the assets 

• Paying off debts and taxes 

• Distributing what’s left to heirs 

• Filing required documents with the court 

It’s a tall task, especially during an emotional time, but the court will provide guidance, and you don’t have to do it alone. 

How Are Assets Distributed Without a Will? 

Florida follows a legal path to decide who inherits what. This path changes based on your loved one’s family situation. Some examples: 

• If they were married with no children, the spouse usually inherits everything 

• If they had children from another relationship, the estate may be split 

• If there are no close relatives, the court will look to extended family 

The process can be confusing, and it often catches families off guard. Working with a skilled estate planning attorney like me can help you make sense of it and avoid surprises. 

What Happens to Joint Accounts, Real Estate, and Personal Property? 

Not everything has to go through Florida probate. Some accounts or assets may transfer automatically, depending on how they’re owned. For example:  

• Joint accounts with rights of survivorship usually go to the surviving account holder 

• Life insurance and retirement accounts with named beneficiaries go directly to those individuals 

• Real estate may or may not go through probate, depending on the title 

It’s important to gather all documents, titles, and account details early. This helps the personal representative understand what needs to go through the court and what doesn’t. 

What If There Are Disagreements? 

Emotions run high after a loss, and disagreements about money, property, or decisions can come up quickly. Without a will to guide the process, misunderstandings are more likely. 

Having a neutral legal professional involved can help mediate these situations and keep things moving forward. The goal is to honor your loved one’s memory while keeping relationships intact, even when things get complicated. 

When Should You Talk to an Attorney? 

If your loved one passed away without a will, speaking with an estate attorney can help you avoid costly mistakes. An experienced lawyer can: 

• Help you file the right paperwork 

• Make sure the estate is handled properly 

• Guide you through each step of the process 

• Protect your family’s rights and reduce unnecessary delays 

You don’t have to go through this alone, and the sooner you ask for help, the smoother the path will be. 

A Clear Path Forward Starts Here 

If someone you love has passed without a will in place, it’s okay to feel overwhelmed. The probate process may seem like a lot, but with the right support, you can take the next steps with clarity and peace of mind. 

I’m here to guide you through it. Whether you need help with probate or want to make sure your own affairs are in order, let’s talk. Together, we’ll create a plan that protects your family and gives you confidence moving forward. Reach out to our estate planning firm in Tampa, FL today for a complimentary consultation.