Florida Intestate Succession: Who Inherits When There Is No Will

When someone dies without a valid will in Florida, state law determines who inherits their property. This system is called intestate succession, and it follows a strict hierarchy based on family relationships. Florida Statutes Sections 732.102 and 732.103 spell out exactly who receives what.

The results often surprise families. A surviving spouse may not inherit everything. Stepchildren receive nothing. An estranged relative may be entitled to a share. Understanding these rules helps you know what to expect, and it highlights why having a will matters. To understand the overall process for settling an estate, see our Florida probate process guide.

How Florida Intestate Succession Works

Florida law creates a priority system for inheritance. The law looks first for the closest relatives and works outward. Only if no relatives exist at a given level does the estate pass to the next level.

Here is the basic hierarchy:

Let's examine each level in detail.

Surviving Spouse Inheritance Rights

The surviving spouse's share depends on whether the deceased had descendants (children, grandchildren, etc.) and the family relationships involved.

When the Spouse Inherits Everything

Under Florida Statutes Section 732.102, the surviving spouse inherits 100% of the intestate estate if:

Scenario 1: The deceased had no surviving descendants.

Example: John and Mary were married for 30 years. John had no children from any relationship. When John dies without a will, Mary inherits his entire estate.

Scenario 2: All of the deceased's descendants are also descendants of the surviving spouse, AND the surviving spouse has no other descendants.

Example: David and Sarah have two children together - Emma and Michael. Neither David nor Sarah has children from prior relationships. When David dies without a will, Sarah inherits everything. Emma and Michael eventually inherit when Sarah dies.

This scenario applies to traditional nuclear families where all children are shared children and neither spouse has children from other relationships.

When the Spouse Inherits Half

The surviving spouse receives only 50% of the intestate estate if either of these conditions exists:

Condition 1: The deceased has one or more descendants who are NOT descendants of the surviving spouse.

Example: Robert has two adult children from his first marriage (Tom and Amy). Robert remarries Linda. When Robert dies without a will, Linda receives 50% of the estate. Tom and Amy split the other 50%.

Condition 2: The surviving spouse has one or more descendants who are NOT descendants of the deceased.

Example: Patricia has a child from a prior marriage (Jake). Patricia marries William, who has no children. When William dies without a will, Patricia receives only 50% of the estate. The other 50% goes to William's parents or siblings (following the priority list). Jake receives nothing from William's estate because he is not William's descendant.

This rule catches many blended families by surprise. Even after decades of marriage, a surviving spouse may receive only half if either spouse has children from another relationship.

Why This Matters for Blended Families

Florida's intestate succession rules create particular challenges for blended families:

• A spouse you have been married to for 40 years may receive only half if you have a child from a prior relationship, even if that relationship ended before you were married.
• Your stepchildren - whom you may have raised since they were young - receive nothing under intestate succession unless you legally adopted them.
• Your biological children from a prior relationship may have to share with a spouse they barely know.

If you have a blended family and want to control who inherits, you must create a will or use other estate planning tools. Intestate succession will not produce the results most blended families want. Consider probate avoidance strategies like trusts and beneficiary designations to ensure your wishes are followed.

How Descendants Inherit

When the deceased has descendants (children, grandchildren, great-grandchildren), they inherit either the entire estate (if no surviving spouse) or 50% (in blended family situations).

Per Stirpes Distribution

Florida distributes to descendants "per stirpes," which means inheritance flows through family branches. Each branch representing a deceased child receives an equal share.

Example: Maria had three children - Anna, Ben, and Carlos.

• Anna is living
• Ben died before Maria, leaving two children (Ben Jr. and Beth)
• Carlos is living

Maria's estate distributes as follows:

• Anna: 1/3
• Ben Jr.: 1/6 (half of Ben's 1/3 share)
• Beth: 1/6 (half of Ben's 1/3 share)
• Carlos: 1/3

Grandchildren only inherit under intestate succession if their parent (the deceased's child) died before the deceased. Living children do not "share" with their own children.

All Children Are Treated Equally

For intestate succession purposes, Florida treats all children the same:

• Biological children (including those born outside marriage if paternity is established)
• Legally adopted children
• Children born after the deceased died (if conceived before death)

Not included:

• Stepchildren (unless legally adopted)
• Foster children
• Children you intended to adopt but did not complete the legal process

When There Is No Spouse or Descendants

If the deceased had no surviving spouse and no descendants, the estate passes to more distant relatives.

Parents

If no spouse or descendants survive, the deceased's parents inherit equally. If only one parent survives, that parent inherits everything at this level.

Example: 25-year-old Michael dies without a spouse, children, or will. His parents are both living. They each receive 50% of his estate.

Siblings and Their Descendants

If no spouse, descendants, or parents survive, the estate goes to the deceased's siblings (brothers and sisters). If a sibling died before the deceased, their children (the deceased's nieces and nephews) inherit that sibling's share per stirpes.

Example: Susan dies without spouse, children, or parents. She has two siblings:

• Brother James is living
• Sister Karen died, leaving one son (nephew Tim)

James receives 50%. Tim receives 50% (Karen's share).

Half-siblings (who share only one parent) are treated the same as full siblings for intestate succession.

Grandparents and Their Descendants

If no closer relatives exist, the estate splits in half:

• One half goes to the paternal grandparents or their descendants
• One half goes to the maternal grandparents or their descendants

If only one side has living members, the entire estate goes to that side.

At this level, the inheritance can reach aunts, uncles, and cousins.

Kindred of Last Deceased Spouse

In rare cases where no blood relatives can be found, the estate may pass to relatives of the deceased's last spouse who died before them. This provision rarely applies.

Escheat to the State

Only if absolutely no heirs can be found after a diligent search does the estate "escheat" to the State of Florida. This is extremely rare. The state makes significant efforts to locate heirs before claiming property.

Special Rules for Homestead Property

Florida homestead property follows different inheritance rules that can override normal intestate succession. These rules come from Article X, Section 4 of the Florida Constitution and Florida Statutes Section 732.401.

Homestead with Surviving Spouse and Minor Children

If the deceased is survived by a spouse AND minor children (under 18), the homestead passes as:

• Surviving spouse: life estate (right to live there until death)
• Minor children: remainder interest (ownership after spouse's death)

The children cannot be disinherited from the homestead even with a will.

Homestead with Surviving Spouse and Adult Children Only

If survived by a spouse and only adult children (no minor children), the default is:

• Surviving spouse: life estate
• Adult children: remainder interest

However, the spouse can elect to take a 50% undivided interest instead of the life estate. This election must be made within six months.

Homestead with Surviving Spouse Only

If survived by a spouse with no descendants, the spouse inherits the homestead outright.

Homestead with Descendants Only (No Spouse)

If there is no surviving spouse, descendants inherit the homestead outright under regular intestate succession.

Why Homestead Matters

These homestead rules are constitutionally protected in Florida. Even a will cannot completely override them in most cases. A married person with minor children cannot give away the homestead to someone other than the spouse and children.

For a complete explanation, see our Florida homestead probate guide.

Who Does NOT Inherit Under Intestate Succession

Certain people have no inheritance rights under Florida intestate succession, no matter how close the personal relationship:

Stepchildren

Stepchildren are not "descendants" under Florida law unless legally adopted. A stepparent can raise a child from infancy, but without adoption, that child receives nothing under intestate succession.

If you want stepchildren to inherit, you must:

• Legally adopt them, OR
• Create a will or trust naming them

Unmarried Partners

Domestic partners, significant others, and long-term companions have zero inheritance rights under Florida intestate succession. It does not matter how long you lived together or how committed the relationship was.

If you want an unmarried partner to inherit:

• Create a will
• Use beneficiary designations
• Hold property jointly
• Establish a trust

These tools also help avoid probate entirely.

In-Laws

Relatives by marriage (mother-in-law, brother-in-law, etc.) do not inherit under intestate succession. Only blood relatives and adoptive relationships count.

Former Spouses

Divorce ends all inheritance rights. A former spouse receives nothing under intestate succession.

Friends

Friends cannot inherit through intestate succession regardless of how close the friendship.

Charities

Charities receive nothing under intestate succession. Only a will or other estate planning document can direct assets to charitable organizations.

People Who Caused the Death

Under Florida's "slayer statute" (Florida Statutes Section 732.802), someone who unlawfully kills the deceased is barred from inheriting from them. The estate passes as if the killer predeceased the victim.

How Intestate Probate Works

Dying without a will does not avoid probate. In fact, intestate estates often require more court involvement because:

No executor is named. The court must appoint an administrator to manage the estate. Priority goes to the surviving spouse, then heirs in order of inheritance priority.

Heirs must be identified. The court requires proof of family relationships. This may involve birth certificates, marriage certificates, death certificates of intermediate relatives, and sometimes affidavits from family members. Understanding probate deadlines is critical to keeping the process on track.

Unknown heirs may exist. The administrator may need to conduct a diligent search for potential heirs. This can include publishing notices and hiring heir-search firms.

Disputes are more common. Without a will expressing the deceased's wishes, family members may disagree about:

• Who should serve as administrator
• Whether claimed heirs are legitimate
• How to handle specific assets

The Intestate Probate Process

The basic process follows formal administration:

1. File petition for administration (listing known heirs)
2. Court appoints administrator
3. Administrator receives Letters of Administration
4. Notify creditors and heirs
5. Inventory assets
6. Pay debts
7. Distribute remaining assets according to intestate succession
8. Close estate

See our complete guide to the Florida probate process.

Partial Intestacy

Sometimes a person has a will, but it does not dispose of all their property. This is called "partial intestacy."

Example: Janet's will leaves her house to her son and her car to her daughter. But the will says nothing about her bank accounts, investments, or other property. The house and car pass according to the will. Everything else passes according to intestate succession.

This happens when:

• The will was drafted before acquiring certain assets
• The residuary clause (which typically catches everything else) failed
• Specific bequests lapsed because beneficiaries died

Proper estate planning includes a residuary clause that directs all remaining property to named beneficiaries.

How to Avoid Intestate Succession

If you want to control who inherits your property, you must take action during your lifetime. Options include:

Create a Will

A properly executed will lets you name exactly who receives what. You can:

• Leave property to a spouse, children, friends, or charities
• Disinherit certain relatives (with limits for homestead and spousal rights)
• Name an executor to manage your estate
• Appoint guardians for minor children

Establish a Living Trust

A revocable living trust allows assets to pass according to your wishes without probate. Property in the trust follows the trust terms, not intestate succession.

Use Beneficiary Designations

Retirement accounts, life insurance, and many other accounts let you name beneficiaries. These designations override both the will and intestate succession.

See our guide on beneficiary designations.

Title Property Strategically

• Joint tenancy with right of survivorship
• Tenancy by the entirety (for married couples)
• Lady Bird deeds for real estate

These arrangements cause property to pass automatically to the surviving owner or named beneficiary, bypassing intestate succession. For a complete guide to property transfers, see how to transfer property after death in Florida.

For more strategies, see how to avoid probate in Florida.

Frequently Asked Questions

What happens if you die without a will in Florida?

Your property passes according to Florida's intestate succession laws. The distribution depends on your family situation - whether you have a surviving spouse, children, parents, or more distant relatives.

Does the surviving spouse always inherit everything in Florida?

No. The spouse inherits everything only if there are no descendants, or if all descendants are also descendants of the surviving spouse and the spouse has no other children. In blended families, the spouse typically receives only 50%.

Do stepchildren inherit in Florida if there is no will?

No. Stepchildren are not legal heirs under Florida intestate succession. They only inherit if legally adopted or if specifically named in a will.

Can an unmarried partner inherit in Florida?

Not under intestate succession. Unmarried partners have no inheritance rights. They can only inherit through a will, beneficiary designation, or joint ownership.

What happens to the house if there is no will?

Homestead property follows special constitutional rules. If there is a surviving spouse and minor children, the spouse gets a life estate and children get the remainder. If there is only a spouse, the spouse typically inherits outright (but may get only a life estate if there are adult children from a prior relationship).

How do I find out if I am an heir to an intestate estate?

If you believe you may be an heir, contact the probate court in the county where the deceased lived. Search for open probate cases. You can also contact the administrator or their attorney to provide documentation of your relationship.

Next Steps

If someone close to you died without a will, here is what to do:

1. Determine who the heirs are using the intestate succession rules above
2. Locate all assets including bank accounts, real estate, and personal property
3. Open probate to formally administer the estate
4. Work with an attorney especially for complex family situations

Find county-specific probate information in our Florida probate directory.

If you want to avoid intestate succession for your own estate, consult an estate planning attorney to create a will or trust that reflects your actual wishes.

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Sources:

• Florida Statutes Section 732.102 (Spouse's Share of Intestate Estate)
• Florida Statutes Section 732.103 (Share of Other Heirs)
• Florida Statutes Section 732.401 (Descent of Homestead)
• Florida Statutes Section 732.802 (Killer Not Entitled to Receive Property)
• Florida Constitution, Article X, Section 4 (Homestead)

This guide provides general information about Florida intestate succession. Family situations can be complex, and special rules may apply. Consult a licensed Florida attorney for your specific circumstances.

Last updated: January 2026