While Florida gives a person freedom to dispose of property (known as your “estate”) at death, this freedom is gained only through the execution of a valid Will. 

To be valid, a Will must meet legally defined qualifications. Will execution formalities and the consequences of not having a valid Will are found in the Florida Probate Code.

A Florida resident who dies without a valid Will dies “intestate”.

This means a person’s estate will be distributed by the probate court as directed by law.

A person who does execute a valid Will is referred to as the Testator.

Distribution of A Florida Estate When Someone Dies “Intestate”

If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and if there are no children. After that scenario the code defines multiple other possibilities. In the rare event that no relatives can be tracked down, the state takes the assets.

If neither of the above scenarios fit your specific scenarios, another common outcome is that the intestate’s surviving spouse receives half of the estate, and the other half of the estate is distributed in other ways. Each case is unique, and without a Will it’s nearly impossible to determine how things will pan out.

If someone wants to be certain that the entire estate goes to his/her spouse, he/she needs to have a valid Will. The potential of your surviving spouse losing half of your estate or more to the courts is the most glaring example of how the Florida Probate Code may differ from the wishes of the deceased. As the scenarios get more complex, the likelihood that wishes will not be met increases.