Picture Dana and Marc, together fourteen years, sharing a condo near the Intracoastal in Palm Beach. They never married, partly on principle and partly because the moment never felt right. When Marc dies suddenly without a will, Dana discovers a hard truth about Florida law: she inherits nothing automatically. The condo, the joint memories, the life they built — none of it makes her his legal heir.
Why Florida Intestacy Leaves Partners Out
Florida’s intestate succession statute (Chapter 732) distributes assets to a surviving spouse, then to descendants, parents, and siblings. The word “partner” never appears. An unmarried partner of any length is, in the eyes of the Florida Probate Code, a legal stranger. If Marc died intestate, his estate would pass to his parents or siblings, who could lawfully ask Dana to leave a home she helped pay for. Nothing about the relationship’s depth changes that outcome.
The Documents That Actually Protect a Partner
For unmarried couples, intentional planning is not optional — it is the only mechanism that recognizes the relationship. A valid Florida will under section 732.502 (signed, witnessed by two people, ideally self-proved) lets Marc name Dana directly. Without marriage, there is no elective share to fall back on, so the will carries the full weight.
Equally important are lifetime documents. A durable power of attorney under Chapter 709 lets Dana manage finances if Marc is incapacitated; absent it, a court-appointed guardian — possibly an estranged relative — steps in. A designation of health care surrogate gives Dana the right to make medical decisions and, critically, to visit. Hospitals default to legal next of kin, and a partner has no standing without paperwork.
Beneficiary Designations and Titling Do the Heavy Lifting
Some of the cleanest protection happens outside the will. Life insurance, retirement accounts, and bank accounts pass directly to named beneficiaries, bypassing probate entirely. If Dana and Marc title the condo as joint tenants with right of survivorship, the survivor takes the whole property automatically. A Florida Lady Bird deed (enhanced life estate deed) is another tool: Marc keeps full control during life and the property passes to Dana at death without probate, while preserving his homestead protections.
The Homestead Complication
Florida’s constitutional homestead protection (Article X, Section 4) shields a primary residence from most creditors and restricts how it passes. Because homestead descent rules are built around spouses and descendants, an unmarried couple should plan deliberately — often through survivorship titling or a Lady Bird deed — rather than assume a will alone controls the home. This is precisely the kind of nuance where a Palm Beach error becomes expensive.
A Revocable Trust for Privacy and Control
Many Palm Beach couples use a revocable living trust under Chapter 736. It keeps the transfer private (probate files are public record), allows seamless management during incapacity, and lets a partner be named both beneficiary and successor trustee. For unmarried couples especially, a trust avoids the public, contestable probate process that a disappointed relative might exploit.
Florida has no state estate or inheritance tax, so the goal here is not tax avoidance — it is making sure the person you chose is the person the law recognizes.
Talk to a Florida Attorney
Every couple’s assets, family dynamics, and homestead situation differ. Before relying on any document, consult a licensed Florida estate planning attorney who can tailor a plan to your circumstances and ensure it meets Florida’s execution requirements.
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