What happens if you do not have a will or trust?Return to FAQ Videos.
In Florida, the laws of intestacy take over and if you do not have a will or a trust, you will have to go through what’s called probate. There are several different types of probate in Florida, and depending upon the amount of your assets will depend on the type of probate. The court will also determine who your personal representative will be as opposed to you selecting it in your will. So, I suggest that you prepare a will and a trust so that the courts do not determine who will be your executor and who will receive your assets.