Do You Need a Will in Florida? What Happens If You Die Without One

If you live in Florida, you may wonder whether you really need a will. The simple answer is that a will is not legally required for every person, but having one can make it much clearer who should receive property after you die and who should handle your estate.

If you die without a valid will, Florida’s intestate-succession rules decide who inherits property that is not otherwise transferred by law, a beneficiary designation, joint ownership, or another arrangement.

What happens if you die without a will in Florida?

When someone dies without a will, Florida calls this dying “intestate.” Florida Statute §732.101 says property that was not effectively disposed of by a will passes to the person’s heirs under Florida’s intestate-succession rules.

In everyday language, that means the state has a legal order for deciding which family members inherit. You do not get to choose those people after your death.

Who inherits if there is no will?

The answer depends mainly on your spouse, children, and other surviving relatives.

For example, Florida law can give the surviving spouse the entire intestate estate in some family situations. In other situations, the spouse receives one-half and the decedent’s descendants receive the other half.

The details matter. A blended family can produce a different result from a married couple whose children are all children of both spouses.

Family situation	General Florida rule
No surviving descendants	The surviving spouse generally receives the entire intestate estate.
Surviving spouse and descendants, all of whom are also the spouse’s descendants, with no other descendants of the spouse	The surviving spouse generally receives the entire intestate estate.
Surviving descendants who are not descendants of the surviving spouse	The surviving spouse generally receives one-half, with the remaining intestate share passing under the statute.

These are simplified examples, not a complete statement of every inheritance rule. Florida’s statutes contain additional rules for descendants, adopted children, half-blood relatives, and other situations.

Does everything you own go through a will?

No. This is one of the most important things to understand.

A will generally controls property that is part of your probate estate and that the will can legally dispose of. Some assets may pass another way.

For example, property held jointly with survivorship rights or an account with a valid beneficiary designation may pass according to that arrangement rather than simply following the will.

That is why making a will is only one part of an estate plan. Beneficiary designations and ownership documents should also be reviewed.

Why might you want a will?

A will can let you make decisions instead of leaving every question to Florida’s default inheritance rules.

Choose beneficiaries: You can identify who should receive property that your will controls.
Name an executor: You can nominate the person you want to handle the estate, subject to the court’s legal requirements.
Plan for children: A will can include provisions concerning minor children, although guardianship decisions remain subject to Florida law and the court.
Address specific gifts: You can identify certain property or gifts you want particular people to receive.
Reduce uncertainty: Clear instructions can make it easier for your family to understand your wishes.

What are the basic requirements for a Florida will?

Florida law has specific signing and witnessing rules. Under Florida Statute §732.502, a will generally must be in writing, signed at the end by the person making the will, and witnessed by at least two people who sign in the required manner.

That means simply writing down your wishes and putting the paper in a drawer is not a safe way to assume you have created a valid Florida will.

Do you have to notarize a will in Florida?

A notary is not what creates the basic validity of a Florida will. The statute focuses on the required signature and witnesses.

However, Florida law also provides procedures that can make a will easier to prove during probate, so the notarization question should not be confused with the basic signing requirements.

What if you already have a will from another state?

A will made outside Florida may still be valid in Florida if it met the legal requirements of the place where it was executed. Florida Statute §732.502 includes rules addressing wills executed by nonresidents.

If you moved to Florida or have property in more than one state, it is worth having your estate documents reviewed rather than assuming your old plan works perfectly with Florida law.

What should you do if you want to make a will?

Make a list of your assets. Include real estate, bank accounts, vehicles, investments, valuable personal property, and other important assets.
Think about who should receive your property. Name people clearly and consider backup beneficiaries.
Check assets that pass outside the will. Review beneficiary designations and joint ownership.
Choose a person to handle your estate. This person is commonly called the personal representative or executor.
Follow Florida’s signing and witnessing rules. Do not improvise this part.
Keep the original somewhere safe. Make sure the people who may need it know where to find it.
Review it after major life changes. Marriage, divorce, a child’s birth, a death in the family, major property changes, or a move can all be reasons to review an estate plan.

What if you have children from a previous relationship?

This is a situation where getting personalized legal advice can be especially useful. Florida’s intestate rules treat some blended-family situations differently from a simple married couple with children who are all children of both spouses.

A will can also be only one piece of the plan. Beneficiary designations, jointly owned property, trusts, and other documents may affect what happens to your assets.

Do you need a lawyer to make a will in Florida?

Not every person needs the same level of legal help. But a lawyer can be particularly helpful if you have a blended family, significant assets, a business, property in multiple states, a disabled beneficiary, or concerns about family conflict.

For a straightforward situation, the most important thing is still to make sure the document you use actually follows Florida’s legal requirements. A document that looks like a will is not necessarily a valid will.

Florida will: the simple takeaway

You do not have to create a will simply because you live in Florida. But if you want to control who receives property that is part of your estate, a valid will can be an important part of your plan.

If you die without one, Florida’s intestate-succession laws determine who inherits property that is subject to those rules. The result can be different from what you would have chosen yourself, especially in a blended family. You can also use our state-law directory to find other Florida legal information as you build your research.

Frequently asked questions

What happens to my house if I die without a will in Florida?

It depends on how the property is owned and on your family situation. A jointly owned property may be treated differently from property that is solely owned and part of the probate estate.

Does my spouse automatically get everything in Florida if I die without a will?

Not always. In some situations the surviving spouse receives the entire intestate estate, while in others the spouse receives one-half and descendants receive the other share.

Can I write my own will in Florida?

You can prepare your own document, but it still has to satisfy Florida’s legal requirements to be valid. Because execution mistakes can cause problems later, carefully following the statute is important.

How many witnesses are required for a Florida will?

Florida law generally requires at least two attesting witnesses, with specific rules about who must be present when the will is signed or acknowledged and when the witnesses sign.

Can a will override a beneficiary designation?

Not necessarily. Some assets pass according to beneficiary designations or ownership arrangements outside the probate estate, so those documents should be reviewed together with the will.

Official sources

Legal disclaimer: This article provides general educational information about Florida law. It is not legal advice and does not create an attorney-client relationship. Estate-planning and probate outcomes can depend on the exact wording of documents, ownership of assets, beneficiary designations, family relationships, and current law. Consider speaking with a qualified Florida attorney for advice about your situation.