Why You Need a Will in Florida (What Happens Without One)

Last updated September 30, 2026

Everyone already has an estate plan — the question is who wrote it. Without a will, Florida’s intestacy statutes distribute your property by formula, a court picks who administers your estate by statutory priority, and a judge chooses your minor children’s guardian without a word from you. A will replaces every one of those defaults with your decisions. This is general information, not legal advice.

The four things a will decides

Who inherits

Your property goes where you say — not where §§732.101–732.111 say. See exactly who inherits when there’s no will — unmarried partners, stepchildren, and friends are not on the statutory list at all.

Who's in charge

You name your personal representative (Florida's term for executor) instead of leaving the appointment to statutory priority — and you can name backups.

Who raises your children

A will is where Florida parents nominate a guardian for minor children. Without it, a judge decides among whoever steps forward.

How the details land

Specific gifts, personal items, backup beneficiaries if someone dies first, and a self-proving affidavit so the will is admitted to probate without hunting down witnesses.

What a will can’t do

A will does not avoid probate — it operates inside probate. If keeping your family out of court is the goal, that’s a trust conversation (or a lady bird deed for the house). And a will does nothing while you’re alive — incapacity is handled by the durable power of attorney and healthcare directives that ship with every EstateDraftFL plan.

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General information about Florida law, not legal advice. EstateDraftFL is document-preparation software, not a law firm.

Frequently asked questions

What actually happens if I die without a will in Florida?

Florida's intestacy statutes (§§732.101–732.111) decide who inherits by formula — spouse and blood relatives in a fixed order, regardless of what you wanted. A court appoints the person in charge of your estate by statutory priority, and if you have minor children, a judge chooses their guardian without your input. Unmarried partners, stepchildren, and friends inherit nothing.

I'm married and everything is joint — do I still need a will?

Usually yes. Joint titling covers the first death, not the second; it says nothing about what happens if you die together, and nothing about guardians for minor children, personal items, or backup beneficiaries. A will is the layer that catches everything titling misses.

Does a will avoid probate?

No — a common misconception. A will goes THROUGH probate; it controls who receives what once the case is opened. Avoiding probate takes different tools: a revocable living trust, beneficiary designations, or for a Florida home, a lady bird deed.

When should I update a will?

On marriage, divorce, a new child, a death in the family, a move to or from Florida, or a meaningful change in what you own. Florida law partially protects a pretermitted (after-made) spouse or child, but the statutory patch is rarely what you would have chosen yourself.

What does a will NOT do?

It doesn't control jointly titled assets or accounts with beneficiary designations, it doesn't help you while you're alive (that's a durable power of attorney and healthcare directives), and it doesn't keep your family out of court. That's why a complete Florida plan pairs the will with those documents.

General information about Florida law, not legal advice.

Why Do I Need a Will?