09/02/2026
It's one of the questions estate planning attorneys hear all the time:
The simplest answer is this:
Florida law makes some of the decisions you could have made yourself.
When someone dies without a valid will, it is called dying "intestate." Florida's intestacy laws determine who is legally entitled to inherit property that would otherwise be distributed through a will. See Florida Statutes §§ 732.101–732.103.
What can that mean for your family?
⚖️ You don't get to choose who inherits through a will.
Florida law establishes which relatives are entitled to inherit and in what order.
💍 Your spouse doesn't automatically inherit everything in every situation.
The outcome can depend on your family structure, including whether you or your spouse have children from another relationship.
❤️ Someone important to you may not inherit the way you expect.
An unmarried partner, close friend, stepchild, or other person you consider family may not receive what you intended simply because everyone "knows what you wanted."
🏠 Your family may be left sorting through decisions you could have made in advance.
Without clear instructions, an already difficult time can come with additional questions, uncertainty, and legal procedures.
Here's what people often misunderstand:
Not having a will doesn't mean there is no plan. It means Florida law provides the plan for you.
Creating a will allows you to make your own wishes clear instead of relying on the state's default rules.
And that's really what estate planning is about: making important decisions now so the people you love aren't left trying to figure them out later.
This information is for general educational purposes and is not legal advice. Individual estate and probate circumstances can vary.
Schedule a free consultation by calling or texting (813) 955-2235 or visit www.BoulosLawGroup.com