What Happens When Someone Dies Without a Will in Florida

When a Florida resident passes away without a valid will, their estate is distributed according to the state’s intestate succession laws under Florida Statutes §§ 732.101–732.111. These laws determine who inherits property and in what order, regardless of what the deceased may have intended.

Understanding these rules helps families know what to expect when a loved one passes without formal estate planning in place.

If There Is a Surviving Spouse

The surviving spouse’s share depends on the family structure and whether all children are shared by both spouses.

Family Situation	Spouse’s Share	Explanation
Spouse only (no children)	100%	The surviving spouse inherits the entire estate.
Spouse and all children shared with that spouse	100%	The surviving spouse still inherits the full estate.
Spouse and children from another relationship	50%	The spouse receives one-half of the estate, and the decedent’s children share the remaining half.

If There Is No Surviving Spouse

When no spouse survives, Florida law distributes the estate to the next closest relatives in this order:

1. Children and other descendants (such as grandchildren or great-grandchildren)

2. Parents

3. Siblings and their descendants

4. Grandparents and their descendants (on both maternal and paternal sides)

5. Next of kin

6. The State of Florida, if no surviving relatives exist

Key Florida Rules and Considerations

• “Per stirpes” distribution means each branch of the family inherits equally through their lineage.

• Adopted children inherit the same as biological children.

• Stepchildren and foster children do not inherit.

• Half-siblings inherit half the share of whole-blood siblings under § 732.105.

• Posthumous children (conceived before but born after death) are treated as living descendants under § 732.106.

• Homestead property is governed by separate rules that protect a surviving spouse and minor children under § 732.401.

Why These Rules Matter

Florida’s intestate succession laws provide a default structure for distributing an estate, but they may not reflect the wishes of the person who has passed. Without a will or trust, the process can lead to court involvement, delays, and public disclosure of financial details.

Proactive estate planning allows individuals to determine how assets should be distributed, designate trusted representatives, and help reduce the burden on surviving family members.

Speak with an Attorney to Learn More

Let our experienced attorneys at WaveCrest Legal, P.A. help. Contact us today for personalized legal assistance and support throughout this challenging process.