Why Every Florida Adult Needs a Will — And What Happens If You Die Without One

The State of Florida Has a Will for You (You Just Haven't Read It)

Here is a fact that surprises most people: if you die without a will in Florida, the state already has one ready for you. It is called the law of intestate succession, and it is written in Chapter 732 of the Florida Statutes. It does not know your name, your family history, your wishes, or the fact that you and your brother have not spoken in eleven years. It simply applies a formula.

That formula might work out fine for some people. For most, it produces results that would make them furious — if they were alive to see it.

What "Dying Intestate" Actually Looks Like

Intestate succession sounds like a tax on old money. In practice, it just means dying without a will. And in Florida, here is what the law does in some of the most common situations.

If you are married with children only from that marriage, your spouse inherits everything. That sounds fine — but what if your spouse remarries and your children end up with nothing from your estate?

If you are married and have children from a prior relationship, your spouse and your children split the estate. Your spouse gets half. Your children split the other half. If your kids are minors, a court-appointed guardian of the property may be required to manage their share until they turn 18 — at which point they receive it in full, no strings attached, whether they are ready or not.

If you are unmarried and have no children, the estate goes to your parents. If your parents are gone, it moves to your siblings. If you have a long-term partner you were never married to, they get nothing — legally, they are a stranger to your estate.

None of this is hypothetical. This is exactly what happens, every day, in probate courtrooms across Orange County.

The Homestead Problem Florida Residents Often Miss

Florida has something most states do not: constitutional homestead protections. On one hand, these protections can be wonderful — they limit creditors and provide tax benefits. On the other hand, they create rules about who can inherit your home that are completely separate from whatever your will says, if you have one.

If you die without a will and leave behind a surviving spouse and children from a prior relationship, your homestead cannot simply be sold or transferred. Your spouse gets a life estate in the property, and your children become remainder beneficiaries. In plain terms: your spouse can live in the house, but cannot sell it without the children's agreement. If your kids are adults who disagree with your spouse, or minors who need court involvement, you now have a very complicated situation where everyone has a right to the same house.

This is one of the most common sources of family conflict we see in Central Florida — and it is almost entirely preventable.

The "We'll Figure It Out" Myth

Families often believe that because they get along well, the legal details do not matter. "We're close. Nobody is going to fight over anything." That may be true when things are calm. But grief, financial pressure, and blended-family dynamics have a way of changing the math.

Consider a realistic scenario. A retired construction worker in Ocoee passes away without a will. He has a house worth $340,000, a truck, some savings, and a small boat. He has two adult children from his first marriage and a girlfriend of six years who moved in with him. The girlfriend has no legal claim to anything — not the house, not the savings, not the boat. His adult children, who were never close to her, now own everything jointly and must decide together what to do. The girlfriend has thirty days to find a new place to live.

Nobody wanted this outcome. But nobody made a will, either.

The Common Misconception That Costs Families the Most

People often think a will is only for the wealthy. It is not. A will is for anyone who owns anything — a car, a bank account, a home, personal property — and who has an opinion about where those things should go.

A will also does more than distribute property. It names a personal representative (what most states call an executor), the person who will manage your estate through the probate process. Without a will, the court appoints one, and that person may not be who you would have chosen.

A will can also name a guardian for minor children. That provision alone — the ability to say who raises your kids if something happens to you — is worth every dollar a will costs.

What Happens If You Keep Putting It Off

Procrastination is the most common estate planning strategy in America. It works perfectly right up until it doesn't. If you become incapacitated before you can sign a will, the window closes. You need mental capacity to execute a valid will in Florida, and a sudden stroke or medical emergency can eliminate that opportunity overnight.

Once you are gone, the chance to plan is gone with you. What you leave behind is a set of problems for the people you love most.

Practical Next Steps

The first step is simply deciding to act. You do not need to have a perfect plan in mind — that is what the attorney is for. What you need is a general sense of who you trust, what you own, and who should receive it. Most people find that the conversation is much shorter and simpler than they expected.

At a minimum, you should think about who you want to serve as your personal representative, whether you have any property that should go to a specific person, and whether you have minor children who need a guardian named.

How Our Firm Helps

At Yergey & Yergey, P.A., we have been helping Orlando families navigate estate planning since 1928. We sit down with you, ask the right questions, and help you build a plan that actually matches your life — not a form you downloaded at midnight.

We encourage clients to bring in what they found online so we can explain what is right, what is wrong, and what the tradeoffs are. A conversation with a lawyer is better than guessing based on internet content, online forms, or AI-generated answers. A will prepared with proper legal guidance is also far less likely to be challenged in court.

We serve families across Orange, Seminole, Osceola, Lake, and Brevard counties — and we are happy to walk you through the process at a pace that makes sense for you.

Frequently Asked Questions

Q: I'm young and healthy. Do I really need a will?

A: If you own a car, have a bank account, or have children — even a young, healthy adult needs a will. Accidents and sudden illness do not schedule appointments. A simple will is inexpensive and takes very little time. The cost of not having one is much higher.

Q: Can't I just write my wishes down and sign the paper myself?

A: Florida does recognize holographic (handwritten) wills in limited circumstances, but they carry significant risk of being challenged or invalidated. For a will to be valid in Florida, it generally must be signed in front of two witnesses who are both present at the same time. An attorney-drafted will is far more likely to hold up when it counts.

Q: My spouse and I own everything jointly. Do we still need wills?

A: Yes. Joint ownership does transfer assets to a surviving spouse automatically, but it does not cover everything — and it does nothing if both spouses die at the same time or within a short time of each other. A will covers the gaps.

Q: How often should I update my will?

A: Whenever your life changes significantly — marriage, divorce, birth of a child, death of a named beneficiary, major change in assets. A good rule of thumb is to review it every three to five years even if nothing obvious has changed.

Q: Does having a will mean my estate avoids probate?

A: Not necessarily. A will still typically goes through the probate process in Florida. If avoiding probate is a goal, a revocable living trust may be worth discussing. We can explain the differences and help you decide which approach makes sense for your situation.

Call to Action:

If you are not sure whether your current documents are up to date — or if you have never signed a will at all — now is the right time to take that step. Call our office at (407) 843-0430 or visit orlandoprobatelawyer.com to schedule a consultation. We have been helping Orlando families since 1928, and we would be glad to help yours.