Who inherits with no will in Florida is decided by a set of state statutes, not by what your family assumes or hopes. When someone dies without a valid will, Florida calls that dying “intestate.” The state then applies a fixed order of heirs found in Florida Statutes Chapter 732, Part I.
These rules do not care who was closest to the person or who provided care at the end. They follow bloodlines and marriage. For a grieving family, that can feel cold, but it also means the answer is knowable. Once you understand the order, you can usually predict the outcome. This guide walks through the shares, the exact dollar figures, and the practical steps for settling a Florida estate.
What “intestate” means and what probate actually does
Probate is the court process that transfers a deceased person’s property to the right people. When there is a will, the will names an executor. Florida calls that person a “personal representative.” When there is no will, the court appoints one. Under Fla. Stat. § 733.301, the surviving spouse has first priority. If there is no spouse, the heirs may select someone by majority vote. After that, the court may choose the heir nearest in degree of kinship.
However, probate only covers assets that were in the deceased person’s sole name. Many things skip probate entirely. For example, a bank account with a payable-on-death beneficiary, a life insurance policy, a retirement account with a named beneficiary, and property held as joint tenants with right of survivorship all pass directly. In most cases, families discover that only part of the estate ever reaches the court.
Florida also gives creditors a window. Under Fla. Stat. § 733.702, most claims must be filed within 3 months after the first publication of the notice to creditors. A known creditor served with notice generally gets 30 days from service if that is later. Separately, § 733.710 bars nearly all claims 2 years after the date of death.
Who inherits with no will in Florida: the exact shares
The spouse’s share comes from Fla. Stat. § 732.102. The rest of the order comes from § 732.103. Here is the breakdown.
| Family situation | Who inherits |
|---|---|
| Spouse, no descendants | Spouse takes 100% |
| Spouse; all children are also the spouse’s, and spouse has no other children | Spouse takes 100% |
| Spouse; decedent has at least one child who is not the spouse’s | Spouse takes 1/2; descendants split 1/2 |
| Spouse; all children are shared, but spouse has other children | Spouse takes 1/2; descendants split 1/2 |
| No spouse, but descendants | Descendants take 100%, per stirpes |
| No spouse, no descendants | Parents equally, or the survivor |
| No parents | Siblings and their descendants |
| None of the above | Half to paternal kindred, half to maternal kindred |
| No kindred at all | Escheats to the State School Fund (§ 732.107) |
“Per stirpes” simply means by branch of the family. If a child died before the parent, that child’s own children split the share their parent would have taken. Half-siblings are not shut out. Under § 732.105, a half-blood relative typically inherits half as much as a whole-blood relative in the same class. Adopted children inherit fully from adoptive parents. Stepchildren who were never adopted generally inherit nothing under these rules.
Family protections come first, before the shares above are calculated. A surviving spouse or children may claim exempt property under § 732.402: household furniture and appliances up to a net value of $20,000, plus two motor vehicles under 15,000 pounds. A family allowance under § 732.403 is capped at $18,000. Homestead property follows its own rule in § 732.401 — the spouse may take a life estate with the children holding the remainder, or elect a 50% share as tenants in common within 6 months.
Practical next steps for Florida families
Start by listing every asset and how it is titled. That single step tells you how much of the estate is even subject to probate. Then check whether you qualify for a shortcut. As of July 1, 2026, Florida raised its small-estate threshold. Under Fla. Stat. § 735.201, summary administration is now available when the non-exempt estate is worth $150,000 or less, up from $75,000. It is also available whenever the person has been dead more than 2 years, at any value.
For very small estates, “disposition without administration” under § 735.301 rose from $10,000 to $20,000 in the same 2026 law. That path can reimburse someone who paid funeral costs or final medical bills without a full case. Petitions are filed in the circuit court of the county where the person lived. Most Florida clerks post packets and instructions on their websites, and the Florida Courts self-help portal is a good starting point.
Finally, remember what Florida does not tax. There is no state estate tax and no state inheritance tax. At the federal level, the estate tax exclusion is $15,000,000 per person for deaths in 2026, so the vast majority of families owe nothing. Formal administration usually requires an attorney, and § 733.6171 treats a fee of 3% of the first $1 million of estate value as presumptively reasonable. You may be able to handle a summary administration yourself, but check with your county clerk or a licensed Florida attorney before filing.
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Frequently Asked Questions
Does my spouse automatically get everything if I die without a will in Florida?
Not always. Typically the spouse takes the entire intestate estate only when all children are shared and the spouse has no children from another relationship. Otherwise, the spouse takes one-half and the descendants split the other half.
Can an unmarried partner inherit under Florida intestacy rules?
No. Florida’s statutes recognize legal spouses and blood or adoptive relatives only. However, a partner can still receive assets through beneficiary designations, joint titling, or a trust, which pass outside probate.
How long does Florida probate take when there is no will?
Summary administration often finishes in a few weeks to a few months. Formal administration commonly runs 6 to 12 months, largely because of the 3-month creditor claim period. As a result, timelines depend more on creditors and asset complexity than on the missing will.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.