Family & Estate · Intestate Succession
Intestate Succession in Florida
Who inherits, and how much, when a person dies without a will in Florida, broken down by family situation, cited to the statute.
Who inherits in Florida, by scenario
The share for the surviving spouse and everyone else, for each common family situation.
| Who survives | Surviving spouse gets | Everyone else gets |
|---|---|---|
| Spouse and children, all shared | The entire estate | The children inherit through the spouse; nothing passes to them directly now. |
| Spouse and a child from another relationship | One-half of the estate | The decedent’s descendants take the other half, by representation. |
| Spouse has a child from another relationship | One-half of the estate | The shared descendants take the other half, because the spouse has an outside child. |
| Spouse only (no descendants) | The entire estate | Parents inherit only when there is no spouse and no descendant, so they take nothing here. |
| Children only (no spouse) | Nothing (no spouse) | The descendants take the entire estate, per stirpes. |
| No spouse or descendants | Nothing | With no spouse or descendant, the estate passes in order to the decedent’s parents, then siblings and their descendants, then grandparents, aunts, and uncles. If no heir can be found, the estate escheats to the State of Florida. |
| How it is administered | Probate | The estate is administered in probate under these rules unless it qualifies for summary administration or disposition without administration for small estates. A valid will overrides all of it. |
| Statute | Fla. Stat. §732.102, §732.103 | The controlling statute. Read the full text through the source link below. |
Next steps
Concrete, neutral steps if you are dealing with an estate that has no will in Florida. This is legal information, not legal advice.
- Check for children from another relationship
The whole answer turns on this. If every child is shared between the decedent and the surviving spouse, the spouse takes everything. If either partner has an outside child, the spouse drops to one-half. Confirm the family tree first.
- Write a will if this is not your plan
These rules are only a default. A valid Florida will replaces them, which matters most for blended families, where the intestacy split can send half the estate away from the surviving spouse.
- Look into summary administration
Florida offers summary administration for smaller estates and a simpler process where the death was more than two years ago. If the estate is modest, ask the probate court or a legal aid office whether it qualifies.
- Get Florida probate help
The Florida Courts help center explains probate and intestacy. For a blended family or a larger estate, a probate attorney can confirm the shares and handle the court filing.
To settle an estate with no will, or to plan your own, start with the probate court or a legal-aid resource. This link explains the process.
→ Florida Courts HelpThis is general legal information, not legal advice. Adoptions, half-relatives, and a prior will can change who inherits, so confirm your situation before relying on the default shares.
What people get wrong in Florida
Florida’s intestacy rules look simple until a blended family enters the picture. Under Florida Statutes §732.102, a surviving spouse takes the entire estate in the straightforward cases: when the couple had children together and neither has children from anyone else, or when there are no descendants at all. The twist is the 2011 rule for blended families. If the decedent has a child from another relationship, or if the surviving spouse has a child from another relationship, the spouse takes only one-half of the estate and the decedent’s descendants take the other half. That single fact, whether there is an outside child on either side, decides whether the spouse inherits everything or splits it. Parents are further back in line than many expect: they inherit only when there is no spouse and no descendant, so a surviving spouse cuts them out. Everything here is a default that a valid will replaces, which is why estate planning matters most for second marriages and stepchildren.
Common questions
Who inherits if you die without a will in Florida?
The surviving spouse takes the entire estate if all children are shared, or if there are no descendants. If either the decedent or the spouse has a child from another relationship, the spouse takes half and the decedent’s descendants take the other half. Children alone, with no spouse, take everything.
Does a spouse get everything in Florida with no will?
Only in the simple cases: all children shared, or no descendants at all. If the decedent or the surviving spouse has a child from a prior relationship, the spouse takes one-half and the decedent’s descendants take the other half under §732.102.
Do parents inherit in Florida when there is a spouse?
No. Parents inherit only when the decedent leaves no spouse and no descendants. A surviving spouse takes the entire estate ahead of the decedent’s parents when there are no children.
How does a blended family change Florida intestacy?
It can cut the spouse’s share in half. If the decedent has a child who is not the spouse’s, or the spouse has a child who is not the decedent’s, the spouse takes one-half and the decedent’s descendants take the other half, rather than the spouse taking everything.
What if there are no relatives in Florida?
The estate passes in order to parents, then siblings and their descendants, then grandparents, aunts, and uncles. If no heir can be located, the estate escheats to the State of Florida. A will avoids that result.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.