If someone dies without a will, it is called an "intestate" estate. Florida law sets out who receives what if someone dies without a will. http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0732/SEC101.HTM&Title=->2008->Ch0732->Section%20101#0732.101If someone dies with a spouse, but no children, the surviving spouse gets all of the estate. http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0732/SEC102.HTM&Title=->2008->Ch0732->Section%20102#0732.102

If someone dies without a spouse, but leaves children, then the children get equal shares of the estate.http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0732/SEC103.HTM&Title=->2008->Ch0732->Section%20103#0732.103

If someone dies with both a spouse and children, then what happens depends on whether the surviving spouse is the parent of the children. If the surviving spouse is the parent of the children, then the surviving spouse gets the first $60,000 and then if there is anything left, the surviving spouse and the children split the rest equally. If the surviving spouse is not the parent of the children, then the spouse and the children split the entire estate on a 50/50 basis. http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0732/SEC102.HTM&Title=->2008->Ch0732->Section%20102#0732.102

The problem with this is, in many cases, the spouses wanted or expected everything to go to the surviving spouse; and the fact that the estate is going to be split between the surviving spouse and the children frequently comes as a nasty surprise to the surviving spouse.

Likewise, if someone dies without a will, and leaves a residence in Florida, that residence is frequently their "homestead". The legal signifigance of this is that if there is no will, and the person who died leaves both a spouse and children, they surviving spouse will only get what is called a life estate in the property. This means the surviving spouse has the right to use, occupy, and rent the property during their lifetime: HOWEVER, upon the surviving spouses death the property goes to the children and not the estate of the surviving spouse. From a practical viewpoint, this can lead to problems with the surviving spouse being able to sell or mortgage the property because they don't own 100% of the property. Leaving the homestead to the spouse via a will can avoid these problems.