What Happens If Someone Dies Without a Will?

Losing a loved one is difficult enough without uncertainty about who receives property or who's responsible for settling the estate. When someone dies without a valid will, family members can find themselves dealing with Florida probate rules while they are grieving.

At Denise Jomarron Legal Group, our Florida will attorneys help families address probate and estate administration after a death and help individuals plan ahead so their wishes are documented.

From our Miami office, we serve clients in Coral Gables, Coconut Grove, Fort Lauderdale, Palm Beach, and surrounding Florida communities. Contact us to discuss probate after a death or to create an estate plan before one is needed.

Florida Law Decides Who Receives Probate Property

Dying without a will is called dying intestate. According to the 2026 Florida Statutes, any part of a deceased person's estate that was not effectively disposed of by a will passes to heirs according to Florida's intestate succession laws.

That doesn't mean the state automatically takes the property. Florida law instead sets an order for determining which surviving relatives inherit probate assets.

A Surviving Spouse Doesn't Always Receive the Same Share

Florida's intestacy rules give a surviving spouse important rights, but the spouse's share depends on the family structure. In some situations, the surviving spouse receives the entire intestate estate, while in others the spouse receives one-half.

The result can change when the deceased person had descendants who were not also descendants of the surviving spouse. Will attorneys can explain why relying on intestacy law can produce a distribution different from what the person would have chosen.

Children and Other Relatives Can Inherit

If property doesn't pass entirely to a surviving spouse, Florida law looks to other relatives in a stated order. Descendants generally come first, followed by parents and then siblings and certain descendants of deceased siblings when the earlier groups don't apply.

If closer relatives don't survive the deceased person, the order can continue to more distant relatives.

Probate Property Is Not the Same as Every Asset

A will generally controls property that passes through the probate estate, but some assets transfer another way. Families should identify how each major asset is titled and whether a valid beneficiary designation or other transfer arrangement exists.

Common examples include:

• Jointly owned property: Certain property with rights of survivorship can pass directly to the surviving owner.

  Beneficiary-designated accounts: Life insurance, retirement accounts, and some financial accounts can transfer to a named beneficiary.

  Trust property: Assets properly owned by a trust are generally administered under the trust terms.

  Probate assets: Property owned solely by the deceased person without another transfer method can become part of the probate estate.

The exact treatment depends on how the asset was owned and documented.

The Court Can Appoint a Personal Representative

Someone still needs authority to handle the estate when there's no will naming a personal representative. The probate court can appoint a qualified person according to Florida law and the circumstances of the estate.

The personal representative can gather estate assets, address creditor claims, handle required filings, and distribute property when administration is ready for distribution. Families considering will attorneys for their own planning can use this as a reminder that a will can state whom they want to nominate for this responsibility.

At Denise Jomarron Legal Group, our attorney assists personal representatives, beneficiaries, and families with Florida estate administration.

Debts Have to Be Addressed Before Inheritance Is Complete

Dying without a will doesn't eliminate debts or other estate obligations. Valid creditor claims, administration expenses, and other required payments can affect what remains for heirs.

The personal representative must address required estate obligations before final distributions are completed.

Reach Out to Experienced Will Attorneys

When someone dies without a will, Florida law determines who receives probate property, and the probate court can appoint someone to administer the estate. Planning ahead gives individuals more control over beneficiary choices, personal representative nominations, and other estate decisions.

Denise Jomarron Legal Group assists with probate, wills, estate planning, guardianship, Medicaid planning, and special needs planning. From our Miami, Florida office, we serve clients in Miami, Coral Gables, Coconut Grove, Fort Lauderdale, Palm Beach, and surrounding Florida communities.

Contact us to discuss a probate matter after a loved one's death or to prepare a will and estate plan for your own family.

Frequently Asked Questions

Does the State of Florida get everything if someone dies without a will?

No. Florida intestacy law generally directs probate property to surviving relatives in a statutory order. Property reaches the state only in limited circumstances when no qualifying heir can be identified under applicable law.

Does every asset go through probate when there's no will?

No. Some assets can transfer through rights of survivorship, valid beneficiary designations, trusts, or other arrangements outside probate. Each asset should be reviewed based on its ownership and transfer terms.

How can Denise Jomarron Legal Group help with an intestate estate?

We assist families with Florida probate when someone dies with or without a will. Our attorney can review the estate, explain the applicable probate process, and assist with estate administration from our Miami office.