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Who Inherits Without a Will in Florida?

Use this calculator to estimate how Florida default inheritance rules may divide probate assets when someone dies without a will.

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What Changes the Answer in Florida

The calculator is only meaningful once you isolate the probate estate. Beneficiary-designated accounts, trust assets, and survivorship property often never reach intestate succession at all.

Florida follows its own default inheritance rules, so the answer depends on family structure and which assets are actually part of the probate estate.

Family Structure

The result depends on who survives: spouse, descendants, parents, siblings, and sometimes more remote relatives.

Probate Assets Only

Property that already transfers outside court often never reaches the state’s default inheritance rules.

State-Specific Rules

Even when family facts look familiar, the default split can change materially from one state to another.

What to Check Before Relying on the Result

Confirm whether there is a valid will, whether property is jointly owned, and whether any accounts already have beneficiary designations. Those issues often matter more than people expect because they can remove property from the intestate pool altogether.

After this step, review asset structure with the estate value calculator, check non-probate transfers with the beneficiary checker, and use the Florida courts page if the estate will still need local probate handling.

Official Sources and Further Reading

IRS Publication 559 for survivors, executors, and administratorsVisit sourceCFPB guide to managing someone else’s moneyVisit source

Frequently Asked Questions

Who inherits if there is no will in Florida?
In Florida, probate assets generally pass under the state's intestate succession rules. The result depends on who survives, what property is part of the probate estate, and whether state-specific property classifications affect the distribution.
Does a surviving spouse automatically inherit everything in Florida?
Not always. In Florida, the answer depends on the family structure and, in some states, whether the property is categorized differently for inheritance purposes.
What happens to assets with no heirs in Florida?
If no legally recognized heirs can be found, the property may eventually escheat to the state. That outcome is uncommon because default inheritance rules usually search broadly through family lines first.
Does intestate succession apply to all assets?
No. Intestate succession generally applies only to probate assets. Accounts or property that pass by beneficiary designation, trust ownership, or survivorship rights often bypass these rules entirely.

Note: This tool provides estimates for informational purposes only. Results are not legal advice. Fees and requirements may vary. Full disclaimer

Information current as of April 11, 2026

This content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Florida can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.