Florida Estate Tax

Florida Intestate Succession — Best Essential Guide (2026)

By Oleg Kachko · Updated June 13, 2026

✓ Verified June 2026

This guide explains what happens when someone dies dying without a will in Florida — exactly who inherits under Florida’s intestate-succession law, and what surprises families most. All shares are from Florida statute, verified as of June 2026.

Who Inherits When There Is No Will in Florida

Here is exactly how Florida divides an estate when there is no will:

If the person leaves… Who inherits in Florida
Spouse, no children The surviving spouse inherits the entire intestate estate (Section 732.102(1))
Spouse + shared children If all descendants are also descendants of the surviving spouse AND the spouse has no other descendants, the surviving spouse inherits the entire intestate estate (Section 732.102(2)). The children receive nothing from the intestate estate during the spouse’s lifetime. However, if all descendants are shared BUT the surviving spouse has one or more descendants who are NOT descendants of the decedent, the spouse receives one-half of the intestate estate and the descendants receive the other one-half per stirpes (Section 732.102(4))
Spouse + children from another relationship The surviving spouse inherits one-half of the intestate estate. The decedent’s descendants (who are not also descendants of the surviving spouse) inherit the other one-half per stirpes (Section 732.102(3))
Children, no spouse The children (descendants) inherit the entire intestate estate, divided per stirpes (Section 732.103(1))
No spouse, no children The estate passes in this order: (1) to the decedent’s father and mother equally, or to the survivor of them (Section 732.103(2)); (2) if no surviving parents, to brothers and sisters and descendants of deceased brothers and sisters (Section 732.103(3)); (3) if none, the estate is split one-half to paternal kindred and one-half to maternal kindred, passing first to grandparents equally or the survivor, then to uncles and aunts and descendants of deceased uncles and aunts (Section 732.103(4)); (4) if no kindred on one side, the entire estate passes to the other side’s kindred in the same order
No living relatives (escheat) If no person entitled to inherit survives the decedent, the estate escheats to the State of Florida. Proceeds are deposited into the State School Fund. A person claiming entitlement may petition to reopen the administration within 10 years after payment to the Chief Financial Officer. After 10 years the state’s rights become absolute (Section 732.107)

These shares come from Florida intestate-succession law (Florida Statutes Chapter 732, Part I (Sections 732.101–732.111)).

How Florida divides shares among descendants: Florida uses strict per stirpes distribution for both descendants and collateral heirs (Section 732.104). Division always begins at the first generation of descendants, not the first generation with a living member

Florida homestead and family allowance: Florida homestead is constitutionally protected (Article X, Section 4, Florida Constitution). The homestead CANNOT be devised by will if the decedent is survived by a spouse or minor child, except to the spouse.

If survived by a spouse AND descendants, the spouse receives a life estate in the homestead with a vested remainder to descendants per stirpes — OR the spouse may elect to take an undivided one-half interest as tenant in common with the descendants receiving the other half (Section 732.401). If survived by a spouse but NO descendants, the spouse takes the homestead in fee simple.

The election must be filed within 6 months of decedent’s death. Additionally, the surviving spouse is entitled to exempt property including household furniture and furnishings up to 20000 in net value plus 2 motor vehicles (Section 732.402), and a family allowance of up to 18000 for maintenance during administration (Section 732.403)

Half-blood relatives in Florida: When collateral kindred (siblings, aunts, uncles, cousins) of both whole blood and half blood inherit, those of the half blood receive only half as much as those of the whole blood. If all collateral heirs are half blood, they inherit equal full shares. This rule applies only to collateral kindred, not to lineal descendants or ancestors (Section 732.105)

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Assets That Pass Outside Florida Intestate Rules

Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), jointly held property with right of survivorship, and assets held in trust pass OUTSIDE of Florida’s intestate succession rules and are not governed by Chapter 732. These transfers occur automatically by operation of law or contract regardless of whether a will exists

Other Florida intestacy rules: (1) The surviving spouse has an elective share right of 30 percent of the elective estate, which includes not just probate assets but also revocable trusts, joint accounts, and other non-probate transfers (Section 732.2065). The election must be filed within 6 months of service of the notice of administration or 2 years of death, whichever is earlier.

(2) Adopted persons inherit as if they were natural children of the adoptive parents (Section 732.108). (3) Alienage (non-citizenship) is not a bar to inheritance in Florida (Section 732.111). (4) Afterborn heirs — a person conceived before the decedent’s death but born afterward may inherit (Section 732.106).

(5) A pretermitted spouse (married after will execution) may receive a share as if the decedent died intestate unless provision was made by prenuptial agreement or the will shows intent to exclude (Section 732.301). (6) Florida has no state estate or inheritance tax

What Dying Without a Will in Florida Really Means

When someone dies without a will in Florida, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Florida divides an estate when someone is dying without a will in Florida, and they often surprise people: a spouse may not automatically inherit everything.

Understanding dying without a will in Florida helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Florida depends on how each asset was titled.

You don’t have to do this alone

If you are settling a loved one’s estate in Florida, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.

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Official Florida Sources & Resources

This Florida intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.

More Florida Wills & Probate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.