When a Florida resident dies without a valid will, intestate succession in Florida determines who inherits. The surviving spouse and the deceased’s descendants come first, and the split between them depends on whether either had children from outside the marriage. If no spouse or descendants survive, the estate moves down a fixed statutory chain to parents, then siblings, then grandparents and their descendants. Certain assets skip this process entirely, and the family home is governed by its own constitutional rules.
What the Surviving Spouse Inherits
Florida sorts spousal inheritance into four situations, and the deciding factor is often the surviving spouse’s outside children, not the deceased’s.1Florida Senate. Florida Statutes 732.102 – Spouse’s Share of Intestate Estate
- If the deceased left no descendants, the surviving spouse inherits the entire intestate estate.
- If all of the deceased’s descendants are also descendants of the surviving spouse, and the spouse has no other children, the spouse again inherits everything.
- If the deceased had one or more children who are not descendants of the surviving spouse, the spouse gets half and the deceased’s descendants split the other half.
- If all of the deceased’s descendants are shared with the surviving spouse but the spouse has children from another relationship, the spouse gets half and the deceased’s descendants take the rest.
That last scenario surprises many families. Even when every one of the deceased’s children is “shared,” the surviving spouse’s outside children pull the estate into a 50/50 split.
Only a legal marriage at the time of death counts. Florida voided common-law marriage for any union entered after January 1, 1968, so an unmarried partner inherits nothing under these rules regardless of how long the couple lived together.2The Florida Legislature. Florida Statutes 741.211 – Common-Law Marriages Void A spouse who was legally separated but never divorced still inherits. An annulled marriage does not qualify.
Even when a will exists, a surviving spouse in Florida can claim a 30% elective share of a broader “elective estate” that includes non-probate assets. In pure intestate cases this usually doesn’t add anything, because the intestate share is already at least half. It can matter when the deceased moved most wealth into trusts or beneficiary-designated accounts that bypass probate.3The Florida Legislature. Florida Statutes 732.201 – Right to Elective Share
What Children and Other Descendants Inherit
Whatever share goes to descendants passes “per stirpes,” meaning by branch of the family tree. Each of the deceased’s children takes an equal share, and if a child died before the deceased but left children of their own, the grandchildren split what their parent would have received.4Florida Senate. Florida Statutes 732.104 – Inheritance Per Stirpes
So if the deceased had three children and one predeceased them leaving two children of their own, the two surviving children each take a third, and the two grandchildren each take a sixth.
Adopted Children, Stepchildren, and Nonmarital Children
Legally adopted children inherit from their adoptive parents exactly as biological children do. Adoption also cuts off intestate inheritance from the biological parents in most cases. Two exceptions preserve those birth-family rights: when a stepparent adopts the child (the child still inherits from the biological parent married to the stepparent), and when a close relative adopts the child after a natural parent’s death.5The Florida Legislature. Florida Statutes 732.108 – Adopted Persons and Persons Born Out of Wedlock
Stepchildren who were never legally adopted have no intestate inheritance rights. This is one of the most common blind spots in blended families.
A child born outside marriage automatically inherits from the biological mother. To inherit from the biological father, paternity must have been established during the father’s lifetime through a court order, a signed acknowledgment, or the father’s marriage to the mother after the birth.5The Florida Legislature. Florida Statutes 732.108 – Adopted Persons and Persons Born Out of Wedlock
Children conceived before the deceased’s death but born afterward are treated as if they had been alive when the parent died.6FindLaw. Florida Statutes 732.106 – Afterborn Heirs
The Homestead Rules Are Different
Florida’s protections for a primary residence come from the state constitution and override the ordinary probate rules. If the deceased is survived by a spouse or any minor children, the homestead cannot be given away freely.7The Florida Legislature. Florida Statutes 732.4015 – Devise of Homestead
When someone dies intestate leaving both a spouse and descendants, the spouse does not simply inherit the home. The default is a life estate: the spouse can live in and use the property for life, and ownership then passes to the deceased’s descendants. The spouse can instead elect an undivided half-interest as tenant in common with the descendants, but that election must be filed within six months of the death and is irrevocable.8Florida Senate. Florida Statutes 732.401 – Descent of Homestead
A life estate lets the spouse stay in the home but not sell it without the descendants’ agreement. The tenant-in-common route gives the spouse a saleable share, but the descendants co-own the other half. If a spouse survives and there are no descendants, the homestead passes entirely to the spouse. If only minor children survive and no spouse, they take the home outright. Property already held as tenancy by the entirety passes to the surviving spouse automatically and never enters this framework.
When There Is No Spouse and No Descendants
If the deceased left neither a surviving spouse nor descendants, the estate follows a strict chain. It goes to the first group in that chain with at least one living member.9The Florida Legislature. Florida Statutes 732.103 – Share of Other Heirs
- Parents inherit equally, or the surviving parent takes everything.
- If no parent survives, siblings share equally. A deceased sibling’s children take their parent’s portion.
- If no siblings or their descendants survive, the estate splits in half between the paternal and maternal sides. Each half goes first to the grandparents on that side, and then to aunts and uncles if the grandparents have all died. If one side has no surviving relatives, the whole estate goes to the other.
Half-Blood Relatives Take Less
When the estate passes to collateral relatives such as siblings, aunts, uncles, or cousins, half-blood relatives inherit only half as much as full-blood relatives in the same class. If everyone in the class is a half-blood relative, they share equally among themselves.10The Florida Legislature. Florida Statutes Chapter 732 – Probate Code: Intestate Succession and Wills
When No Relatives Can Be Found
If no qualifying relative surfaces anywhere in the chain, the estate escheats to the state of Florida and the proceeds go into the State School Fund. Someone who later proves to be an heir has 10 years to reopen the case and claim the money. After that, the state’s ownership becomes permanent.10The Florida Legislature. Florida Statutes Chapter 732 – Probate Code: Intestate Succession and Wills
Assets That Skip Intestate Succession
Not everything the deceased owned passes through these rules. Several categories transfer on death by their own terms and never enter the probate estate.
Property held in joint tenancy with rights of survivorship goes to the surviving co-owner. Real estate and financial accounts held by spouses as tenancy by the entirety pass to the surviving spouse the same way. Both transfers happen automatically, without court involvement.
Assets with a named beneficiary follow the designation. Life insurance proceeds go directly to the beneficiary and are protected from the deceased’s creditors.11The Florida Legislature. Florida Statutes 222.13 – Life Insurance Policies; Disposition of Proceeds Retirement accounts like 401(k)s and IRAs, payable-on-death bank accounts, and transfer-on-death investment accounts work the same way. The financial institution releases the money to the named beneficiary once it receives a death certificate and required paperwork.
One important catch: if no beneficiary is named, or every named beneficiary has already died, the asset falls back into the probate estate and gets distributed under the intestate rules above.
When an Heir Loses Their Share
Florida’s “slayer statute” strips inheritance rights from anyone who unlawfully and intentionally kills the deceased. The estate passes as if the killer had died first, so they take nothing. The forfeiture reaches beyond probate: a killer who was a joint tenant loses survivorship rights, and a killer named as beneficiary on a life insurance policy or retirement account forfeits those benefits too.12FindLaw. Florida Statutes 732.802 – Killer Not Entitled to Receive Property or Other Benefits
A murder conviction is conclusive. Even without a criminal conviction, the probate court can reach the same conclusion using a lower standard of evidence.