Losing a loved one is never easy and can feel even more overwhelming if they didn’t leave behind a will. When there’s no clear plan, it’s natural to feel unsure about the next steps. If you’re facing this situation in Florida, you’re not alone. Florida’s probate system provides a framework for handling an estate without a will, ensuring that assets are distributed according to state law. Let’s walk through what happens and how to navigate the process.
What Happens When There’s No Will?
When someone passes away without a will, it’s known as dying “intestate.” In Florida, intestacy laws determine how the deceased’s assets are divided among their heirs. These laws are essentially the state’s default plan for asset distribution and prioritize close family members.
Here’s a quick overview of how Florida’s intestate succession works:
- Surviving spouse: The spouse receives the entire intestate estate if the deceased person leaves no descendants. The spouse also receives the entire estate if all of the deceased person’s descendants are also the spouse’s descendants and the spouse has no other descendants.
- Spouse and descendants: If the deceased person has a descendant who is not the spouse’s descendant, the spouse receives half of the intestate estate. The same half-share applies when all of the deceased person’s descendants are shared with the spouse, but the spouse has another descendant. The deceased person’s descendants receive the balance under the statutory rules.
- Other relatives: Without a surviving spouse, descendants take first. If there are no descendants, the statute proceeds through parents, siblings and further specified relatives. An unmarried partner or an unadopted stepchild does not ordinarily inherit simply by having that relationship.
Intestate succession only applies to assets that would typically pass through probate, such as individually owned property. Assets with designated beneficiaries, like life insurance or retirement accounts, are not affected by these rules.
Steps to Take When Probate Is Needed
If you’re responsible for handling an estate without a will, the process may feel daunting, but breaking it down into steps can make it more manageable:
- Determine the appropriate procedure: Some assets pass outside probate. Summary administration may be available when the Florida estate subject to administration, less creditor-exempt property, does not exceed $150,000, or when the deceased person has been dead for more than two years, subject to the statute’s other requirements. Formal administration and more limited procedures serve different circumstances.
- File the appropriate petition: In formal administration, the petition asks the court to open the estate and appoint a personal representative. Summary administration ordinarily results in an order distributing specified property without appointing a personal representative.
- Select a qualified personal representative when needed: Florida law sets an order of preference in an intestate estate, beginning with the surviving spouse, followed by a person selected by a majority in interest of the heirs, and then the nearest heir in degree. Statutory qualifications and the court’s determination still apply.
- Provide required notices: Formal administration involves notices to interested persons, publication of creditor notice and service on known or reasonably ascertainable creditors as required. Counsel can explain the applicable search and notice responsibilities.
- Address claims, expenses and taxes: Review validity, deadlines, exemptions and payment priorities before paying bills or distributing property. Not every asserted debt is payable, and available estate funds may be insufficient to pay every valid claim in full.
- Distribute Remaining Assets: After settling debts and expenses, the remaining assets are distributed to heirs based on Florida’s intestate succession laws.
Challenges of Probate Without a Will
While the probate process provides a clear structure, handling an estate without a will can come with unique challenges:
- Without clear instructions, disagreements among family members about how to divide assets can arise.
- Identifying and valuing assets can be challenging if the deceased’s financial affairs are not well-organized.
- The lack of a will can extend the probate process, as the court must determine rightful heirs and settle disputes.
How to Make the Process Easier
If you’re navigating probate without a will, here are some tips to help you stay on track:
- Keep detailed records of all communications, expenses, and actions related to the estate.
- Regularly update family members about the process to minimize misunderstandings.
Working with an experienced probate attorney can help avoid mistakes and ensure the process moves smoothly.
Why Choose Verras Law for Probate Matters?
At Verras Law, we know how stressful it can be to handle probate, especially when there’s no will. Our compassionate team is here to guide you through every step of the process, answering your questions and ensuring you understand your responsibilities. Let us help you bring clarity and peace of mind during this challenging time. Contact us today for a confidential consultation.
Sources: Florida Statutes § 732.102; Florida Statutes § 732.103; Florida Statutes § 733.301; Florida Statutes § 735.201.
Updated October 26, 2026.