Do You Really Need a Will in Florida? What Happens If You Die Without One in Florida
- Melissa A. Youngman
- 2 days ago
- 3 min read
Creating a last will and testament in Florida is one of the most important steps you can take to protect your family, your assets, and your final wishes, whether you live in Winter Park, Orlando, Maitland, Altamonte Springs, or Casselberry. Yet many Florida residents, especially younger adults, new parents, and retirees, delay making a will because they assume they don’t need one, or that Florida law will “take care of things.” Unfortunately, the reality is very different.
If you die without a will in Florida, your estate is distributed according to the state’s intestate laws, not your personal preferences. These laws often lead to outcomes people never intended, including family disputes, expensive court proceedings, and loved ones receiving far less than you assumed.
This article explains what happens if you pass away without a will in Florida, why preparing a last will and testament or a trust based estate plan in Florida is essential, and how to take the first step.
What Does a Last Will and Testament Do in Florida?
A properly executed Florida last will and testament allows you to:
Choose who inherits your property
Name a guardian for minor children
Appoint a personal representative (executor)
Plan for blended families or second marriages
Prevent family disputes
Control how assets are distributed
Create a smoother probate process
Without a will, none of these decisions are yours to make. Instead, the intestate laws of the State of Florida make them for you.
What Happens If You Die Without a Will in Central Florida?
Dying without a will is known as dying “intestate.” Under Florida law, the probate court must follow a strict distribution plan based solely on your biological and legal relationships.
Here’s what that means:
If you’re married with children from the same marriage:
Your spouse inherits everything.
If you’re married with children from a prior relationship:
Your spouse receives half of your assets; your children share the other half. This is one of the most common sources of family conflict in Florida probate.
If you have children but no spouse:
Your children inherit everything, divided equally, regardless of your personal wishes.
If you have no spouse or children:
Your parents inherit your estate, followed by siblings, and then more distant relatives.
If no living relatives can be found:
Your assets may eventually escheat to the State of Florida.
Most Floridians are surprised to learn how little control they (or their families) have without a will.
Why Winter Park and Central Florida Residents Should Not Rely on Florida’s Intestacy Laws
Florida’s intestate laws do not consider:
Long-term partners
Stepchildren
Estranged relatives
Special-needs beneficiaries
Your preferred personal representative
Charitable gifts
The unique needs of blended families
Your wishes regarding sentimental items
A well-prepared last will and testament (or a trust based estate plan) ensures your assets go exactly where you want them to go and helps your loved ones avoid unnecessary stress during an already difficult time.
Does Having a Will Avoid Probate in Florida?
No. Even with a valid will, most estates in Florida still go through probate. However, a will:
Makes probate far faster and less expensive
Reduces court intervention
Prevents disputes
Ensures your chosen personal representative, not the court, is in charge
If avoiding probate entirely is your goal, your estate planning attorney will likely recommend a revocable living trust or other trust based estate plans in addition to your will.
Why Winter Park Families Benefit from a Local Estate Planning Attorney
When it comes to your will, precision matters. Florida has some of the nation’s strictest requirements for the execution of wills, including:
Specific signing procedures
Two impartial witnesses
Proper testamentary capacity
Compliance with Florida Statutes Chapter 732
A simple mistake, such as using generic online forms not tailored to Florida law, can result in an invalid will.
Working with a Winter Park estate planning attorney ensures your will is completed correctly, meets Florida’s legal standards, and reflects your true intentions.
Do You Need a Will If You Already Have a Trust?
Yes. Even if you have a living trust, you still need a “pour-over will” to:
Appoint guardians for minor children
Distribute assets not already titled in the trust
Provide final instructions
A complete estate plan typically includes a will, trust (when appropriate), power of attorney, and advance health directives.
Take Control of Your Future with a Last Will and Testament or Trust Estate Plan in Winter Park
If you’ve been putting off your will, now is the time to take the next step. A thoughtfully designed estate plan gives you peace of mind and protects the people you love most.
👉 Schedule a consultation today at calendly.com/melissayoungman or use the button below.
Let’s create a legally sound last will and testament or trust-based estate plan tailored to your family, your wishes, and your future.