Florida’s Default Estate Plan

Many people believe they do not have an estate plan because they have not signed a will or created a trust. In reality, if you live in Florida, you do have an estate plan. You just may not have written it yourself.

When someone dies without a valid will or trust based plan, Florida law provides a preset system for what happens next. This is called dying intestate. Under intestacy, the State of Florida decides who inherits, who is in charge of administering the estate, and in certain circumstances, who will oversee money for minor children. For many families, that default plan is not what they would have chosen.

What Is Florida’s Default Plan?

If you pass away without a will in Florida, your assets do not automatically transfer according to personal conversations or verbal promises. Instead, Florida’s intestate succession statutes determine who inherits and in what order.

It often may include:

• Your estate being probated.

• Your assets being distributed according to a statutory formula.

• Court involvement in appointing the personal representative.

• Additional court proceedings may be required for minor children.

Florida’s formula prioritizes a surviving spouse and children. If there is no spouse or child, the law looks to other blood relatives in a specific order. On paper, this may sound reasonable, however, in practice, real families are rarely that simple.

When the Default Plan Creates Problems

Intestate laws are designed for the “average” family. But many Florida families include second marriages, blended households, estranged relatives, or unequal financial needs among children. Without a plan in place, assets may pass in percentages set by statute, not in a way that reflects your personal wishes. A spouse could inherit a portion while children from a prior relationship inherit another portion outright. That structure may create tension or financial strain that you never intended.

If your spouse later remarries, inherited assets may eventually pass to the new spouse or different beneficiaries. This kind of distribution likely does not align with your goals, especially if you have children and would prefer your assets transfer to them.

Children May Receive Assets at 18

One of the most overlooked consequences of not planning involves minor children.

If a minor inherits assets under Florida law, a guardianship may be required to manage those funds until the child reaches adulthood. When the child turns 18, they may be legally entitled to receive their inheritance outright. For many families, that timing feels abrupt. Most 18 year olds are still navigating education, early employment, and major life decisions. Yet the default system could place full financial control in their hands at that age.

With proper planning, parents can often build structure around how and when a child receives assets, rather than relying on a single age threshold set by statute.

The Court May Decide Who Is in Charge

If you do not nominate a personal representative in a valid will, the court must appoint someone to administer your estate. While Florida law provides priority guidelines, the final appointment is subject to court approval.

If you have minor children and both parents pass away or become incapacitated, a court proceeding may be required to determine guardianship. Even when family members agree, that process can involve filings, hearings, and ongoing oversight. This occurs during a period when your family is already grieving and under stress.

Estate Planning Is About Overriding the Default

Florida’s intestate system is not designed to reflect your individual priorities. It is designed to provide a uniform solution when no planning has been done. Thoughtful estate planning allows you to override the default system.

With proper documents in place, you can:

• Decide who receives your assets

• Determine how and when beneficiaries receive their inheritance

• Nominate who you want to raise your minor children

• Choose who will administer your estate

• Reduce unnecessary court involvement

Estate planning is not about expecting the worst. It is about providing clarity and structure so your family is not left navigating uncertainty.

The Bottom Line

If you do nothing, Florida will step in with its own plan. That plan may result in probate, statutory distributions, court appointed decision makers, and children receiving inheritances at a legally defined age.

You do not need a large estate to benefit from planning. You simply need people you care about and a desire to make things easier for them. If Florida’s default plan does not reflect what you would want for your family, we can help you create one that does.

This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship.