Florida Intestate Succession: Who Inherits Without a Will

When someone dies without a valid will in Florida, state law determines who inherits their property. These rules are called "intestate succession" and are found in Florida Statutes Chapter 732.

What Is Intestate Succession?

Intestate succession is the legal process that determines who inherits property when someone dies without a will. The state essentially writes a default will based on family relationships.

What Property Passes by Intestate Succession

Only the "intestate estate" is distributed under these rules. This typically includes:

Property owned solely by the deceased
Bank accounts in the deceased's name alone
Real estate titled only in the deceased's name
Personal property owned outright

What Does NOT Pass by Intestate Succession

These assets pass by other means:

Life insurance with named beneficiaries
Retirement accounts (401k, IRA) with beneficiaries
Property held jointly with right of survivorship
Assets in a living trust
Payable-on-death (POD) accounts
Property with Lady Bird deeds

Florida Intestate Succession Rules

If There Is a Surviving Spouse

The surviving spouse's share depends on whether the deceased had children and who the children's parents are.

Scenario 1: No Descendants If the deceased has no children, grandchildren, or other descendants:

Surviving spouse inherits 100% of the estate

Scenario 2: Descendants Only From This Marriage If all of the deceased's descendants are also descendants of the surviving spouse, AND the spouse has no other children:

Surviving spouse inherits 100% of the estate

Scenario 3: Deceased Had Children From Another Relationship If the deceased has one or more children who are NOT the spouse's children:

Surviving spouse inherits 50%
Deceased's descendants share the remaining 50%

Scenario 4: Spouse Has Children From Another Relationship If all of the deceased's children are shared with the spouse, BUT the spouse has other children:

Surviving spouse inherits 50%
Deceased's descendants share the remaining 50%

If There Is No Surviving Spouse

When there is no surviving spouse, the estate passes in this order:

Descendants (children, grandchildren)
- All children share equally
- If a child died before the deceased, their share goes to their children (per stirpes)
Parents
- If no descendants, both parents share equally
- If one parent is deceased, surviving parent takes all
Siblings and Their Descendants
- Brothers and sisters share equally
- Deceased siblings' shares go to their children
Grandparents, Aunts, Uncles
- Estate splits half to maternal side, half to paternal side
- Each side goes to grandparents, then aunts/uncles
Kindred of Last Deceased Spouse
- If no blood relatives exist, property goes to the family of the deceased's last spouse
State of Florida (Escheat)
- If no heirs are found, property goes to the state

Per Stirpes Distribution

Florida uses "per stirpes" distribution for descendants. This means:

How Per Stirpes Works: Each branch of the family receives an equal share. If someone in that branch died before the deceased, their share passes to their own children.

Example: The deceased had 3 children. One child died before the deceased, leaving 2 grandchildren.

Each surviving child receives 1/3
The two grandchildren split their parent's 1/3 (each gets 1/6)

Special Inheritance Rules

Half-Blood Relatives

Florida Statutes 732.105 provides that half-blood relatives (sharing only one parent) inherit HALF as much as whole-blood relatives.

Exception: If all relatives in the inheriting class are half-blood, they share equally.

Example: If the deceased has one full sibling and one half-sibling:

Full sibling receives 2/3
Half-sibling receives 1/3

Adopted Children

Under F.S. 732.108:

Adopted children are treated as natural children of adoptive parents
Adopted children inherit from adoptive family, not biological family
Exception: Children adopted by a stepparent can still inherit from the other biological parent

Children Born Out of Wedlock

A child born outside marriage:

Always inherits from the mother
Inherits from the father only if:
- Parents participated in a marriage ceremony
- Paternity was established by court
- Father acknowledged paternity in writing

Posthumous Heirs

A child conceived before death but born afterward inherits as if born during the deceased's lifetime (F.S. 732.106).

The Slayer Rule

Under F.S. 732.802, anyone who unlawfully and intentionally kills the deceased cannot inherit. The killer is treated as if they died before the victim.

Homestead Property Is Different

Florida homestead does NOT pass under normal intestate succession rules. Special rules apply when the deceased is survived by a spouse or minor child.

Spouse's Rights to Homestead

If there is a surviving spouse:

Default: Spouse receives a life estate in the homestead
Remainder: Goes to descendants per stirpes
Election: Spouse may elect within 6 months to take a 50% interest as tenant in common instead

Minor Children's Rights

If there are minor children, the homestead cannot be devised away from them. It descends by operation of law.

See our Florida Homestead Guide for more details.

Probate Is Still Required

Even with intestate succession, probate is usually required to:

Transfer title to property
Pay debts and taxes
Distribute assets to heirs
Resolve disputes

The court will appoint a "personal representative" (administrator) to manage the estate. The surviving spouse has priority for appointment, followed by other heirs.

How to Determine Who Inherits

Step 1: Identify the Deceased's Family

Was there a surviving spouse?
Are there any descendants (children, grandchildren)?
If no spouse or descendants, are there parents?
If no parents, are there siblings?

Step 2: Determine the Spouse's Share

Use the scenarios above to calculate what the spouse receives based on:

Whether there are descendants
Whether descendants are shared with the spouse
Whether the spouse has other children

Step 3: Calculate Remaining Shares

Apply per stirpes distribution to determine each heir's share.

Step 4: Consider Special Property

Remember that homestead property has separate rules.

Common Situations

Married With Children From Current Marriage Only

If Joe dies without a will, married to Mary, with children only from their marriage, and Mary has no other children:

Mary inherits everything
Children inherit nothing directly (they would inherit from Mary later)

Married With Children From Prior Marriage

If Joe dies without a will, married to Mary, with children from a previous marriage:

Mary inherits 50%
Joe's children share the remaining 50%

Unmarried With Children

If Joe dies without a will, unmarried, with two children:

Each child inherits 50%

No Spouse, No Children, Parents Living

If Joe dies without a will, unmarried, no children, but both parents are living:

Each parent inherits 50%

Frequently Asked Questions

Who inherits if someone dies without a will in Florida?

It depends on family relationships. If married, the spouse inherits all or half depending on children. If no spouse, children inherit equally. If no spouse or children, it goes to parents, then siblings, then more distant relatives.

Does the surviving spouse get everything in Florida?

Not always. The spouse gets everything only if there are no descendants, OR if all descendants are shared and the spouse has no other children. Otherwise, the spouse gets 50%.

Can stepchildren inherit in Florida?

Stepchildren do not inherit under intestate succession unless they were legally adopted. Only biological and adopted children qualify as descendants.

What if there are no relatives?

If no heirs can be found, the property "escheats" to the State of Florida. The money goes into the State School Fund. Heirs have 10 years to file a claim.

How is homestead property handled?

Homestead has special rules. The spouse typically gets a life estate, with the remainder to descendants. The spouse can elect to take a 50% ownership interest instead within 6 months.

Related Guides

Sources:

"Florida Statutes Chapter 732," Florida Legislature, 2024, https://www.flsenate.gov/Laws/Statutes/2024/Chapter732
"Florida Statutes Section 732.102-732.108," Florida Legislature, 2024, https://www.flsenate.gov/Laws/Statutes/2024/732.102
"Consumer Pamphlet: Probate in Florida," The Florida Bar, 2024, https://www.floridabar.org/

This guide provides general information about Florida intestate succession laws. Consult with a Florida probate attorney for advice specific to your situation.