What Happens If I Die Without a Will?
If you die without a will, Florida law, not you, determines and directs who gets your assets and property. This legal process is known as “intestate succession.” Basically, your property is divided among your spouse and children; however, if you are not married and have no children at the time of your death, then your property is distributed to your next of kin. If the courts are unable to locate or determine your next of kin, then your property is given to the State of Florida.
If you have children, the courts determine who will be the guardian of your children. This may not be the person you would have preferred to be the guardian of your children, or the court may choose a person that you would have never chosen or approved as guardian.
Without a Will that designates your personal representative to oversee the distribution of your estate, the court decides and appoints one. This may not be the person you would have preferred to be your representative, or the court may choose a person that you would have never chosen or approved as your representative.