Florida Elder Law & Estate Planning Blog

What Happens If I Die Without a Will in Florida?

Jonathan D. Karp

If you pass away in Florida without a Will, what’s known as dying intestate, the following happens: One, any assets that are co-owned joint with right of survivorship with another person will then go to the survivor between the two of you. Any assets that are properly beneficiary-designated will go to that person who’s been named the beneficiary. Any assets that are owned in your name alone will go through Probate, and under Florida intestacy law, the legislature has determined who will get your assets. That person or persons who will receive your assets may not be the people that you want to inherit. So you should come into our office to make sure you have a properly drafted Will to ensure that the assets go to whom you want.