Probate Tip of the Day: What Happens if You Pass Away Without a Will?

Hi, everybody. For today’s Probate Tip of the Day, we’ll be talking about what happens if you pass away without a will. In Florida, if you pass away without a will and you’re the traditional family, husband, and wife, and you have children together, no children from prior relationships, then your husband or wife will inherit 100% of your estate.

However, if either one of you has children from a prior relationship, it gets a little more complicated. Your surviving spouse will then inherit 50% or 100% of your estate, depending on those prior children. If you do not have a spouse, then your children will inherit 100%. If you do not have a spouse or children, then your inheritance will first travel up to your parents, and if they’ve passed away, then across to your siblings. If you don’t like this, then you need to have a will executed so that you can draft around it.