Two out of three American adults still die without a will. The cost to their families.
Intestate administration is possible but slow, expensive, and often contrary to the decedent's actual intent. What families lose when the will is never signed.
Surveys consistently show that roughly two out of every three American adults do not have a will. The percentage rises for adults under 50 and declines modestly with age. Most people intend to execute a will — they do not get around to it before capacity, illness, or sudden death forecloses the option.
What intestate administration looks like
When someone dies without a valid will in Florida, the probate code's intestate-succession statute controls distribution. Spouses, children, parents, and siblings receive in statutory percentages — regardless of relationships, estrangement, or stated wishes. Unmarried partners receive nothing. Step-children receive nothing unless legally adopted. Close friends receive nothing.
What it costs
- Time. Formal administration routinely takes 6–12 months, longer with creditor complications.
- Money. Attorney fees and court costs are statutorily scaled to estate size; smaller estates proportionally pay more.
- Control. A personal representative is appointed by the court under statutory priorities, not chosen by the family.
- Tax efficiency. Trust-based distribution, step-up basis planning, and generation-skipping strategies are all unavailable without lifetime planning.
What minimal planning produces
A properly executed Florida will — two witnesses, self-proved by notarial acknowledgment — removes most intestate costs. A revocable living trust, properly funded, removes probate entirely. Durable powers of attorney and healthcare surrogates address incapacity. None of this is exotic. All of it is routine, and the cost is a fraction of the probate cost it prevents.