Page 29 - LIN_April_2026_web-file

A Split Second.

What Happens

if Someone Dies Without

a Will in Florida?

by Haylee Blessing, Esq.,
Trusts & Estates Attorney at Henderson, Franklin, Starnes & Holt, P.A.
hen a Florida resident dies The Role of Florida Homestead Law
without a valid will, Florida Florida’s homestead protections can increase the complexity
W law determines how their estate of intestate estates. Even when heirs are identified under intestacy
is distributed. This situation, known as statutes, homestead property is subject to constitutional and statutory
dying “intestate,” can create uncertainty for restrictions that affect how and to whom it may pass.
families and result in outcomes the deceased Failing to address homestead issues properly can delay
never intended. While many people assume administration and increase legal expenses.
their assets will naturally pass to a spouse Who Administers the Estate
or children, Florida’s intestacy laws do not Without a will naming a personal representative, the court must
always work that way. appoint someone to serve in that role. Florida law provides an order of
Understanding how these laws apply is especially important in preference, but disagreements among family members are common.
Florida, where blended families are common and unique homestead The appointed personal representative is responsible for managing the
protections affect how property passes at death. estate, paying debts and distributing assets in accordance with Florida
How Florida Law Steps in Without a Will law, all under court supervision.
A will provides clear direction about who should receive Probate Without a Will
property and who should be responsible for handling the estate. Dying without a will does not avoid probate. In many cases, it leads
When there is no will, those decisions are made by statute. The to a more complex probate process. The lack of clear direction is likely
probate court follows a set order established under Florida law, to cause delays, disputes, and higher costs, particularly when family
regardless of the decedent’s personal wishes or informal promises. members disagree on how matters should be handled.
This process applies to all probate assets and frequently leads Why This Matters for Florida Families
to greater court involvement than estates where planning has been Intestate estates typically highlight issues that could have been
done in advance. avoided with planning. Assets may pass in ways the deceased never
Who Inherits Under Florida’s Intestacy Rules? intended. Family members may be placed in difficult positions.
The distribution of an intestate estate depends largely on Decisions that could have been handled privately are instead made
whether the deceased was married and whether there are surviving through the court system.
children. For families in Southwest Florida, these concerns are amplified by
If the deceased was married and had no children outside the relocation, property ownership, and multi-state family dynamics.
marriage, the surviving spouse typically inherits the entire estate. The Bottom Line
However, if there are children from a prior relationship, the estate Dying without a will leaves important decisions in the hands of
may be divided between the surviving spouse and those children. Florida law rather than the individual. A properly prepared estate plan
This result frequently comes as a surprise to families and can create provides clarity, reduces uncertainty, and helps ensure that assets are
tension at an already difficult time. handled in accordance with personal wishes. Taking the time to plan
When there is no surviving spouse, the estate generally passes can spare loved ones unnecessary stress and help preserve both assets
to the deceased’s children in equal shares. If a child predeceases and family relationships.
the decedent, that child’s share goes to his or her children, if any. About the Author
If there are no surviving children or descendants, Florida law then A Southwest Florida native, Attorney Haylee Blessing is an associate
looks to parents, siblings and more distant relatives. Individuals who with Henderson, Franklin, Starnes & Holt, P.A., where she focuses her
were close to the deceased, such as long-term partners, stepchildren practice on estate planning and related probate and trust administrations
or friends do not inherit unless they are legally recognized heirs. matters. She earned her J.D., magna cum laude, from Stetson University
College of Law and holds an MBA, equipping her with a strong legal
and business foundation. Haylee is recognized for her careful analysis and
measured counsel, helping clients address estate planning matters with clarity
and foresight. She is dedicated to serving and strengthening the Southwest
Florida community she proudly calls home.

Life in Naples | April 2026 29