Who Inherits When There’s No Will in Florida? (Florida Intestate Succession Guide)

When a loved one passes away without a will in Florida, families are often left wondering who is legally entitled to the home, the bank accounts, and everything else. 

The good news is that Florida law provides a clear road map. This guide explains who inherits when there’s no will in Florida, how the state’s intestate succession rules work, and what those rules mean for your family.

We know this is a hard time, and you likely have more questions than answers. Our goal here is to walk you through the process, so you can feel a little more grounded in the days ahead.

Key Takeaways about Florida Intestate Succession

• “Intestate succession” is the legal process that decides who inherits when a person dies without a valid will in Florida.
• Florida Statutes Chapter 732 sets a strict order of heirs, starting with the surviving spouse and descendants.
• A surviving spouse’s share depends on whether the deceased person had children and whether those children are shared with the spouse.
• Stepchildren, unmarried partners, and close friends generally do not inherit under intestate succession.
• If no living relatives can be found, the estate may pass to the state of Florida.

What Does Intestate Succession Mean in Florida?

Intestate succession is the legal process Florida uses to distribute property when someone dies without a valid will. The word “intestate” simply means dying without a will. When that happens, the state steps in with a default plan written into Florida law.

This plan is found in Florida Statutes Chapter 732, which governs probate and intestate succession across the state. These rules apply whether your family member lived in Boca Raton, Fort Lauderdale, or anywhere else in Florida.

The law tries to pass property to the people the deceased person was most likely to have wanted to provide for. That usually means a spouse, children, and other close relatives, in a specific order.

It is worth knowing that intestate succession only covers certain assets. Property that passes outside of probate, such as a life insurance payout or a jointly owned bank account, generally goes directly to the named beneficiary or surviving owner.

Which Assets Pass Through Intestate Succession?

Only assets that would have passed under a will go through intestate succession, so many common assets skip the process entirely. In other words, not everything a person owns is divided according to the state’s default rules.

Many valuable assets transfer automatically to someone else at death, no matter what the law says about heirs. These assets are not controlled by intestate succession because they already have a built-in plan for who receives them.

Common assets that pass outside of intestate succession include:

• Life insurance policies with a named beneficiary
• Retirement accounts like 401(k)s and IRAs with a named beneficiary
• Bank or brokerage accounts with a “payable on death” or “transfer on death” designation
• Property owned jointly with rights of survivorship

Everything else, such as a solely owned home, a car titled in one name, or a personal bank account, typically becomes part of the probate estate. That is the property the intestate succession rules actually divide among heirs.

How Much Does a Surviving Spouse Inherit in Florida?

A surviving spouse in Florida inherits the entire estate if the deceased person had no living descendants, or if all of their descendants are shared with that spouse. The spouse’s share shrinks only when children from other relationships are involved.

Florida law, under Section 732.102, breaks this down into a few clear situations. The size of the spouse’s share depends entirely on the family makeup.

Here is how the spouse’s share generally works:

• No surviving descendants: The spouse inherits the entire intestate estate.
• All descendants are shared, and the spouse has no other children: The spouse inherits the entire estate.
• The deceased person has descendants who are not the spouse’s: The spouse inherits half, and the descendants split the other half.
• The spouse has descendants from another relationship, even if shared children also exist: The spouse inherits half, and the deceased person’s descendants split the other half.

These distinctions matter most in blended families, which are common across South Florida. A surviving husband or wife may be surprised to learn they do not automatically receive everything.

This is one of many areas where the outcome can feel out of step with what the family expected. Talking with a probate attorney early can help you understand exactly where your family falls within these rules.

Who Inherits If There Is No Surviving Spouse?

If there is no surviving spouse, Florida law passes the estate to the deceased person’s descendants first, and then moves outward through the family tree. The state follows a strict order set out in Section 732.103.

The first group in line is the deceased person’s descendants, meaning children, then grandchildren, and so on. If there are no descendants, the law looks to the next group of relatives.

The order of heirs without a spouse generally runs as follows:

• Children and other descendants
• Parents, if no descendants survive
• Brothers and sisters, and their descendants, if no parents survive
• Grandparents, and then aunts, uncles, and cousins, if needed

If none of these relatives can be found, the search continues to more distant kin, including the family of a deceased spouse in limited situations. Florida casts a wide net before giving up on finding an heir.

Property is divided “per stirpes” among descendants, which means a deceased person’s share passes down to their own children. For example, if one of three children has already died, that child’s share is split among their own kids rather than disappearing.

How Does Florida Divide Property Among Children?

Florida divides property equally among a deceased person’s children, and a deceased child’s share passes down to that child’s own descendants. This keeps inheritances within each branch of the family.

When all of the children are still living, the math is straightforward. The estate, or the descendants’ portion of it, is split into equal shares for each child.

Things get more involved when a child has died before the parent. In that case, the deceased child’s share does not vanish or get redistributed to the surviving siblings. Instead, it drops down to that child’s own children, who divide it among themselves.

This “per stirpes” approach is meant to treat each family branch fairly. It ensures grandchildren are not accidentally cut out simply because their parent passed away first.

Do Stepchildren and Unmarried Partners Inherit in Florida?

No, stepchildren and unmarried partners do not inherit under Florida’s intestate succession rules. The law only recognizes relatives by blood, by legal adoption, or by marriage.

This often comes as a painful shock to families. A devoted stepparent or a long-term partner may have shared a home and a life for decades, yet receive nothing through intestate succession.

A few specific situations are worth understanding:

• Stepchildren: They do not inherit unless they were legally adopted by the deceased person.
• Unmarried partners: They have no automatic right to inherit, regardless of how long the relationship lasted.
• Adopted children: Under Section 732.108, they inherit exactly as biological children do.
• Children born outside of marriage: They can inherit, though paternity may need to be legally established.

If you want a stepchild or a partner to receive something, a will or other estate planning document is the only reliable way to make that happen. Without one, the state’s default rules will control.

For families who fall outside the standard mold, this is often the moment they realize how much a simple plan could have protected the people they love.

What Happens to a Home Without a Will in Florida?

A primary home in Florida often receives special treatment through the state’s homestead protections, which can override the normal intestate rules. The family residence is treated differently from other assets.

Florida’s homestead laws are designed to protect surviving spouses and minor children. These rules can limit how a home is passed on, even when intestate succession would otherwise send it elsewhere.

In many cases, a surviving spouse receives a life estate in the home, with the remainder going to the deceased person’s descendants. Alternatively, the spouse may elect to take a one-half interest instead. Because homestead law is detailed and fact-specific, the outcome can vary from family to family.

The bottom line is that the home is frequently the most valuable and most emotionally significant asset in an estate. Getting clear guidance on how Florida homestead law applies to your situation is well worth the effort.

What If No Heirs Can Be Found?

If a thorough search turns up no living heirs, the estate “escheats,” meaning it passes to the state of Florida. This is a last resort that rarely happens.

Under Section 732.107, the property is held by the state for a period of time. During that window, a rightful heir who comes forward and proves their relationship may still claim the estate.

Escheat is uncommon because Florida law reaches so far through the family tree. Cousins, and even more distant relatives, usually inherit long before the state ever does.

Still, this rule highlights why locating and documenting heirs is such an important part of probate. A careful, well-handled administration protects the estate for the family members who are entitled to it.

How We Help Families Through Florida Probate

At Florida Probate Law Firm, we guide families through the entire probate process, from the first filing to the final distribution of assets. Serving Boca Raton, Fort Lauderdale, and communities throughout the state, we focus on probate administration and estate planning so you do not have to face these questions alone.

When you work with us, you receive direct, personal attention from our attorneys, Thomas R. Walser and Michael Bracchi. You will not be passed off to junior staff, and you will not be left guessing about what comes next.

We also know your time matters. Everything can be handled electronically, from signing pleadings to e-filing with the court, so there is no need to travel or sit through hearings for a standard probate administration. In many cases, we can prepare your pleadings in as little as 24 to 48 hours.

Our team brings years of focused probate experience and a genuinely modern approach to a process that can otherwise feel slow and confusing. We move your case forward as quickly as your family is ready to sign the paperwork, and we keep you informed every step of the way.

If you are dealing with the loss of a loved one who did not leave a will, please know that you do not have to sort it out by yourself. We are here to listen, to answer your questions, and to help your family find a path forward.

FAQs about Who Inherits When There’s No Will in Florida

Below are answers to some of the most common questions we hear from families dealing with an estate that has no will.

Does the surviving spouse automatically get everything in Florida?

Not always. A surviving spouse inherits the entire estate only when there are no other descendants, or when all of the deceased person’s descendants are shared with that spouse and the spouse has no other children. When children from another relationship are involved, the spouse and the descendants typically split the estate.

How long does probate take when there is no will in Florida?

The timeline depends on the size and complexity of the estate, whether it qualifies for summary or formal administration, and how quickly heirs can be identified. A simpler estate may move through summary administration relatively quickly, while a formal administration involves additional steps and usually takes longer.

Can an estate avoid probate if there is no will?

Some assets avoid probate regardless of whether there is a will, such as jointly owned property and accounts with named beneficiaries. Solely owned assets with no beneficiary designation, however, generally still pass through probate under the intestate succession rules.

Who is responsible for managing the estate if there is no will?

The court appoints a personal representative, sometimes called an administrator, to manage the estate. Florida law gives priority to the surviving spouse, followed by the person chosen by a majority of the heirs, and then the heir who is next in line under the statute.

Do grandchildren inherit if their parent has already died?

Yes. Under Florida’s per stirpes rules, a deceased child’s share passes down to that child’s own children. The grandchildren divide the share their parent would have received.

What happens to debts when someone dies without a will?

Valid debts and the costs of administration are generally paid from the estate’s assets before anything is distributed to heirs. Heirs typically inherit what remains after those obligations are satisfied, rather than inheriting the debts personally.

Is a will the only way to control who inherits my property?

No. A will is one important tool, but trusts, beneficiary designations, and other estate planning documents can also direct how your property passes. The key point is that without any plan in place, Florida’s default rules decide for you.

Talk With a Florida Probate Attorney Today

Losing someone you love is hard enough without untangling who inherits and what to do next. If your family is facing probate without a will, we are ready to help you understand your options and move forward with confidence. 

There is no large deposit required to get started, and your initial consultation is completely free, so reaching out costs you nothing. We will take the time to review your unique situation and explain exactly what to expect, in language that makes sense. 

Contact Florida Probate Law Firm today at (561) 210-5500 for a free, no-cost consultation, and let us help guide you and your family through every step of the process.