Florida inheritance law for intestate succession and next of kin

Dying Without A Will In Florida

When someone dies intestate in Florida, the distribution of property follows statute rather than personal wishes. Probate is still required to transfer assets, and the court applies the default rules to determine heirs. The attorneys at Richard A. Heller, P.A. explain how these rules apply to your family and why advance estate planning helps avoid outcomes you did not intend.

Who Inherits Under Florida Intestacy

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Surviving Spouse Only

If there are no descendants, the spouse inherits 100%.

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Spouse And All Descendants Of That Marriage

If all children are shared, the spouse inherits 100%.

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Spouse And Descendants From Another Relationship

The spouse receives one half, and the decedent’s descendants share the other half per stirpes.

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No Spouse

Descendants inherit first. If a child predeceased, that child’s descendants take their parent’s share per stirpes.

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No Spouse Or Descendants

Parents inherit. If none, siblings inherit, then more distant relatives as the statute provides. If no relatives can be found, the estate may escheat to the state.

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Homestead Note

Florida homestead has special transfer rules that protect spouses and minor children. The form of transfer can differ from other assets and deserves focused advice.

Why Planning Beats Default Rules

 Intestacy rarely reflects blended families, charitable wishes, or support for an unmarried partner. A will or trust allows precise instructions, guardianship selections, and beneficiary planning across properties in Central Florida. Richard A. Heller, P.A. helps families put documents in place so transfers are clear and disputes are less likely.

Frequently Asked Questions

  • If I die without a will, do my children share equally?

    Generally yes. Children, including legally adopted children, share equally if there is no spouse, or share the portion not going to the spouse. A deceased child’s descendants take that child’s share.

  • Can a spouse be cut out?

    Not under intestacy. A surviving spouse receives at least a statutory share. Even with a will, Florida’s elective share law allows a spouse to claim a portion of the estate.

  • Is there a Florida inheritance tax?

    Florida has no state estate or inheritance tax. Federal estate tax applies only to very large estates. Income tax may be due when beneficiaries withdraw from certain retirement accounts.

  • We cannot find a will. What now?

    Proceed as an intestate estate. Our attorneys can open probate administration, identify heirs, and manage the transfer of assets according to Florida law.