What Happens if You Don’t Have an Estate Plan in Melbourne, Florida?
As a resident of Melbourne, Florida, you enjoy the beautiful beaches, the Space Coast culture, and the sunshine that makes this area special. It’s easy to focus on today and put off planning for tomorrow. However, the decision to delay or forgo estate planning is one that can have profound and unintended consequences for your loved ones. Simply put: if you don’t create an estate plan, the State of Florida has already written one for you—and it almost certainly won't reflect your actual wishes.
Attorney Dee Sibley, Founding Attorney at Sibley Law & Associates, PLLC, is one of Melbourne, Florida's Top Estate Planning Lawyers. Our motto is: Planning For Life...Building For Legacy. We’ve helped countless individuals and families in Brevard County secure their future, and we urge you to understand what happens when you leave your legacy to chance. Book Your Consultation Today.
The Default Plan—Florida’s Intestacy Laws
When a person passes away in Florida without a valid Last Will and Testament or other legal transfer mechanisms (like a Trust), they are said to have died intestate. This means their assets that are subject to probate—known as the probate estate—will be distributed according to the rules of intestate succession found in the Florida Statutes.
This scenario is far from ideal. Instead of your wishes being honored, a rigid set of government rules determines who inherits your property, who manages your estate, and even who raises your minor children. This entire process is controlled by the court system in a lengthy, public, and expensive procedure called probate.
The Consequences of Dying Intestate in Melbourne, Florida
The lack of an estate plan triggers a series of undesirable legal and financial consequences that can inflict stress and expense on your surviving family.
The Distribution of Your Assets is Controlled by the State
Florida’s intestate succession laws follow a strict family tree hierarchy that dictates who gets what. This system makes no distinction between a close relative and an estranged one; it follows only blood or legal ties.
Who Actually Inherits Your Property?
- If you are married and have no children (or all of your children are also the children of your surviving spouse): Your spouse inherits everything.
- If you are married and have children from a previous relationship (or your spouse has children from a previous relationship): Your surviving spouse inherits only half of your intestate property, and your descendants (children, grandchildren, etc.) inherit the other half. This often results in complex co-ownership situations between a new spouse and adult children.
- If you are single and have children: Your children inherit everything, divided equally.
- If you have no spouse or descendants: The estate passes to your parents, then to your siblings, and so on to more distant relatives.
The Takeaway: The state's formula may completely cut out a life partner you never legally married, a beloved charity, a close friend, or a stepchild you raised.
Probate is Time-Consuming, Expensive, and Public
In Melbourne (Brevard County), a lack of planning guarantees that your estate will go through probate—a court-supervised process that transfers property from the deceased to their heirs.
The Financial Toll of Probate
Probate is notoriously expensive in Florida, and the costs are paid directly from your estate, reducing the inheritance your family receives. Costs include:
- Statutory Attorney’s Fees and Personal Representative Fees: Florida law sets a percentage scale for "reasonable" fees based on the value of the probate estate. For example, a $300,000 estate could incur thousands of dollars in fees for both the attorney and the personal representative.
- Court Filing Fees: Mandatory costs to open and maintain the case in the Brevard County court system.
- Appraisal and Accounting Costs: Necessary for valuing and managing the assets.
The total cost can easily consume $\mathbf{3\%}$ to $\mathbf{7\%}$ or more of your estate's value, which is money that could have been preserved for your heirs through proper planning.
The Delay and Lack of Privacy
- Significant Delays: Simple probate often takes six months to a year, and more complex or contested estates can take several years. During this time, your assets are essentially frozen, creating financial hardship for your family.
- A Public Record: All documents filed in the Brevard County probate court—including a list of your assets, your debts, and who receives your property—become a matter of public record. Anyone can look up the details of your private financial life.
Lost Control Over Key Decisions
An estate plan is not just about distributing money; it's about making essential personal and financial decisions for yourself and your family. Without it, you lose all control.
Guardianship for Minor Children
For parents of minor children, this is arguably the most serious consequence. Your Last Will and Testament is the only legal document where you can nominate a guardian to raise your children if you and the other parent pass away. Without one, the court must appoint a guardian. This could lead to a drawn-out, emotional guardianship hearing where relatives may fight over custody, and a judge who knows nothing about your children's needs or your family's values will make the final, permanent decision.
Managing Incapacity
An estate plan is also your safeguard against incapacity due to an illness or accident. Documents like a Durable Power of Attorney and a Designation of Health Care Surrogate are vital. Without them:
- Your family may have to petition the court for a Guardianship of the Property (for finances) or a Guardianship of the Person (for medical care).
- A guardianship proceeding is incredibly costly, time-consuming, and takes control away from your family, giving it to a court-appointed professional or a family member the judge chooses.
Florida’s Complex Homestead Protections
In Florida, your primary residence (Homestead) has constitutional protections that often complicate inheritance, especially without a Will.
Unintended Property Ownership
If you pass away without a Will and are survived by a spouse and descendants, your spouse doesn't simply inherit the home outright. Instead, your spouse is granted a life estate (the right to live in the home for life), with the descendants inheriting the property outright after the spouse passes away. This forces the spouse and children to co-own the property, which can create immediate, paralyzing conflicts over taxes, insurance, maintenance, and the ability to sell or mortgage the home. The surviving spouse may elect to take a half interest as a tenant in common, but this also requires court involvement and does not guarantee peace among the co-owners.
The Power of Planning with Sibley Law
The question isn't whether you need an estate plan in Melbourne, Florida, but how soon you need to create one. Relying on Florida's default rules of intestacy guarantees stress, expense, delays, and a loss of control for your loved ones. You sacrifice your privacy and risk family conflict over who gets your most cherished possessions and, more importantly, who cares for your children.
Attorney Dee Sibley and her team at Sibley Law & Associates, PLLC are committed to helping you put a personalized, comprehensive, and clear plan in place. We don't just draft documents; we help you articulate your values and solidify your legacy. Taking control now means avoiding the costs, delays, and public scrutiny of probate for your family later.
Don't let the State of Florida decide your legacy. Take the first step to Planning For Life...Building For Legacy.
Book Your Consultation Today with one of Melbourne, Florida's Top Estate Planning Lawyers.


















