TL;DR:
If you die without a will in Palm Beach County, Florida’s intestacy laws control who inherits your property, regardless of your wishes. This can mean assets go to estranged relatives or bypass loved ones you intended to provide for. The probate process also becomes more time-consuming, public, and prone to disputes. Planning now helps you protect your family and avoid unnecessary conflict.
If you passed away tomorrow, do you know who would inherit your home, your savings, or even your grandmother’s wedding ring? Many people assume their family “knows what they want,” but in Florida, the law doesn’t work that way.
Without a valid will, you lose control over who gets your property, who handles your estate, and even who raises your minor children. Here in Palm Beach County, we’ve seen families torn apart and legacies squandered simply because someone never put their wishes into writing.
Florida Intestacy Laws Take Control
When you die without a valid will, known as dying intestate, Florida’s intestacy law decides who inherits your property. The court follows a strict order of priority under Florida statutes, even if it doesn’t reflect your personal wishes.
Below is a quick breakdown of how the state decides:
| Relationship to You | What They Receive (if no will) |
| Surviving spouse (no children) | Entire estate |
| Spouse & your children (together) | Entire estate |
| Spouse & children from another relationship | Spouse gets half; your children split the other half |
| Children (no spouse) | Everything, divided equally |
| No spouse or children | Parents inherit everything |
| No spouse, children, or parents | Siblings, then nieces/nephews |
| No legal heirs at all | Property escheats to the State of Florida |
For example, a man estranged from his adult children dies intestate. Even though he verbally promised everything to a close friend, under Florida law, his children inherit everything, leaving the friend with nothing.
Your Wishes Are Ignored Without A Will
When you don’t have a valid will, the court cannot consider what you wanted; it can only follow the law. Even if you’ve shared your intentions with loved ones or left behind informal notes, those wishes carry no legal weight in Palm Beach County probate court.
We’ve seen real families suffer from this harsh reality. One woman spent years caring for her elderly neighbor, who had no close family. Before he died, he repeatedly told her he wanted her to have his home as thanks for her kindness. But because he never wrote a will, the house went to a nephew he hadn’t seen in decades, someone who promptly sold it and pocketed the proceeds.
This is why simply assuming “they’ll know what I wanted” can backfire. The law is blind to relationships built on love, care, and loyalty when there’s no formal plan in place.
Increased Risk Of Family Disputes
When someone dies without a will, even the most close-knit families can find themselves at odds. Uncertainty and ambiguity about what you “would have wanted” often fuel arguments, hurt feelings, and even lawsuits.
Here are some common scenarios we’ve helped families navigate:
- Siblings disagree over sentimental items: Jewelry, photo albums, or family heirlooms may have more emotional than monetary value, but they’re still worth fighting over.
- Half-siblings feel shortchanged: Children from different marriages or relationships may clash over what’s “fair,” especially if one lived closer or helped care for you.
- Estranged relatives resurface: A long-lost brother or cousin shows up to claim their legal share, leaving others feeling blindsided.
- Business assets spark conflict: Adult children may disagree about whether to keep or sell a family business, creating rifts and financial losses.
- Stepchildren are left out entirely: Florida’s intestacy laws don’t recognize stepchildren as heirs, even if you raised them as your own, creating deep resentment among survivors.
These disputes can turn your legacy into a source of pain instead of peace.
Longer, More Costly Probate Process
Probate is required in Florida, whether you have a will or not, but dying without one makes the process even more complicated.
When there’s no will naming a personal representative, the court must appoint someone to handle your estate. Family members often disagree about who that should be, which can drag the process out. Meanwhile, the estate continues to rack up court costs, legal fees, and administrative expenses, all of which chip away at what your heirs ultimately receive.
In Palm Beach County, even a straightforward probate can take 9–12 months. Without a will, it often stretches far longer, especially if someone challenges the appointment of a personal representative or disputes who should inherit. On top of that, all of this plays out in a public court record, meaning your family’s private business is open for anyone to see.
The delays and costs of intestate probate are avoidable but only if you plan.
Common Questions About Not Having A Will
If I die without a will, who decides who will raise my children?
The court does. If you don’t name a guardian in your will, a judge will choose one based on what the court believes is “in the best interest” of your children.
Can’t my family just agree among themselves?
Not always. Family members may disagree about who is best suited. We’ve seen uncles, grandparents, and even family friends embroiled in bitter legal battles over custody, while the children wait in limbo.
Can the court pick someone I wouldn’t have wanted?
Yes. The judge may choose a relative you hardly knew simply because they’re legally eligible, even if you would have preferred someone else.
Real-life example: After both parents of two young boys died intestate, their family friend, who’d raised them like her own, had to fight the boys’ uncle in court for custody. It took months of hearings before the judge awarded guardianship to the friend.
Naming a guardian in your will avoids this painful uncertainty and gives you peace of mind knowing your children are cared for by the person you trust most.
Assets Outside The Family Line
One of the most unsettling outcomes of dying without a will is seeing your life’s work fall into the hands of people you never intended. In some cases, it could even go to the State of Florida. If the court cannot locate any legal heirs, your estate “escheats,” meaning everything you owned passes to the state treasury.
We’ve seen situations where someone lived with and supported a long-term partner for decades, fully expecting them to inherit. But because Florida intestacy laws do not recognize unmarried partners, everything went instead to distant cousins the decedent had never met.
Planning ahead ensures your legacy stays with the people and causes you truly care about.
Why Planning Ahead Protects Your Loved Ones
By creating a valid will, you remove doubt and give your family clarity during an already emotional time. Here’s what thoughtful planning accomplishes:
- Ensures your assets go exactly where you intend.
- Appoints someone you trust to manage your estate.
- Names a guardian for your minor children.
- Reduces the chance of family conflicts and legal challenges.
- Speeds up the probate process and preserves more of your estate’s value.
- Keeps your wishes private and minimizes court involvement.
When you take the time to plan now, you ease the burden on your loved ones later, letting them grieve and heal instead of fighting over your estate.
Take The Wheel Before It’s Too Late
The road your family travels after you’re gone doesn’t have to be filled with detours, disputes, and dead ends. By putting your wishes into writing, you can steer your loved ones through one of life’s hardest moments with clarity and peace of mind.
At Boca Raton Probate Attorneys, we help you take control of your future. We do that by protecting your family, preserving your legacy, and ensuring your voice is heard even when you’re no longer here to speak.
If you’re ready to safeguard everything you’ve worked for and avoid the pitfalls of dying without a will, schedule an evaluation with us today. We’ll guide you every step of the way, so you can feel confident that your family’s future is secure.
