Quick answer, State law will dictate how your assets are distributed. Assets that fall under the purview of the Probate Court without direct beneficiary designations will need to be probated and they will be distributed pursuant to the laws of intestacy. This means that Florida law dictates who will inherit your probated assets without any other factual consideration and no concern for what your wishes may have been. This scenario can be particularly devastating when the people named under Florida law are not the people you want inheriting your estate.
Think of your Estate Plan as your instruction manual for the probate court —if you don’t have one, then Florida Statute becomes the instruction manual for your probate assets.
