What happens if pass away and you have no Will or Trust set up for your estate plan, simply put
the State decides for you. Instead of you deciding how your assets and property will be
distributed after you pass away the state of Florida will make that decision for you. The State of
Florida has outlined how your assets and property will be distributed when you pass away. The
following are :Florida Statute statutes for intestate succession
Spouse’s share of intestate estate.—The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.
(2) If the decedent is survived by one or more descendants, all of whom are also descendants
of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate
(3) If there are one or more surviving descendants of the decedent who are not lineal
descendants of the surviving spouse, one-half of the intestate estate.
(4) If there are one or more surviving descendants of the decedent, all of whom are also
descendants of the surviving spouse, and the surviving spouse has one or more descendants who
are not descendants of the decedent, one-half of the intestate estate.
Share of other heirs.—The part of the intestate estate not passing to the surviving spouse
under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as
(1) To the descendants of the decedent.
(2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor
(3) If there is none of the foregoing, to the decedent’s brothers and sisters and the
descendants of deceased brothers and sisters.
(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to
the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following
(a) To the grandfather and grandmother equally, or to the survivor of them.
(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of
deceased uncles and aunts of the decedent.
(c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the
other kindred who survive, in the order stated above.
(5) If there is no kindred of either part, the whole of the property shall go to the kindred of
the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and
then died intestate entitled to the estate.
(6) If none of the foregoing, and if any of the descendants of the decedent’s great-
grandparents were Holocaust victims as defined in s. 626.9543(3)(a), including such victims in
countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants
of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not
unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only
applies to escheated property and shall cease to be effective for proceedings filed after December
The importance of having a Will or Trust set up is that those documents indicate your choices
and your wishes for the distribution of your assets and property after death. For example, if you
wanted to provide for a stepchild who was not adopted, then you would be able to provide for
them in a Will or Trust, Florida intestate succession laws do not provide for stepchildren.
Another example is wanting to provide for a significant other if you are not married, Florida Law
does not provide for significant others, life partners, or good friends. Having a Will or Trust
prepared gives you the peace of mind of knowing that you have provided for your family
according to your wishes.