The Short Answer

In Florida, if your spouse dies without a will, their property generally transfers to heirs under Florida’s intestacy laws—but whether you can transfer a specific asset (especially real estate) without a probate case depends on how the property was titled and what type of asset it is. Some assets pass automatically (for example, certain jointly titled property), while others require a probate court process to legally change ownership.

What Florida Law Says

When someone dies without a valid will, Florida law treats the estate as “intestate.” That means any property that does not pass automatically by a beneficiary designation or survivorship feature is distributed to the decedent’s heirs under Florida’s succession rules. Importantly, the right to the intestate property vests at death, but transferring title (especially for real property) often still requires a legally recognized probate pathway unless the asset is non-probate.

The Statute

The primary law governing this issue is Fla. Stat. § 732.101.

This statute establishes that any part of a decedent’s estate not effectively disposed of by a will passes to the decedent’s heirs, and that the decedent’s death is the event that vests the heirs’ rights to intestate property.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even when heirs’ rights vest at death, delays can create serious problems—such as clouded title, missed creditor issues, or complications selling/refinancing property—especially if a probate filing becomes necessary.
• Burden of Proof: You may need admissible proof of heirship and proof of how each asset is titled (for example, whether it is probate vs. non-probate), and title companies/banks often require court authority before they will transfer ownership.
• Exceptions: Certain property rights and ownership structures can change the analysis (for example, property that passes outside probate, or property subject to special statutory rules), and mistakes can trigger disputes with other heirs or create avoidable tax/creditor exposure.

Trying to handle this alone can lead to procedural errors, rejected transfers, or a situation where the property cannot be sold or legally insured.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.