What Are Florida’s Inheritance Laws?

On top of the emotional toll of losing a loved one, you may be faced with important legal questions that can add to the stress of your loss. Some of the most common questions we hear from clients in these situations are about inheriting property in Florida.

Florida inheritance laws follow a valid will when one exists, distributing assets through probate. A surviving spouse is entitled to at least 30% of the estate. Without a will, intestacy laws apply, prioritizing the spouse, then descendants, or other relatives. Florida has no inheritance tax, but the federal estate tax may apply to large estates.

Whether your family member left a will or not, it’s normal to wonder what happens next. An attorney’s guidance during probate or estate planning helps safeguard your future and ensures your family is protected.

At Bucelo Diaz Law, our mission is to guide Florida families through every step of the inheritance process with clarity and compassion. Read on to learn more about Florida inheritance laws and how we can help navigate them.

Inheriting Property in Florida When There’s a Will

When someone dies with a valid will, Florida probate courts typically honor all its terms. A will outlines how the person who created it (i.e., the testator) wants their property distributed. The document should also name beneficiaries and nominate a personal representative to carry out their wishes.

In Florida, children receive an intestate share when a parent dies without a will. The share size depends on the number of children, marital status, and whether either parent has children from previous relationships.

What Counts as a Valid Will in Florida?

To make a valid will, the testator must be at least 18 or (legally emancipated) and of sound mind. Florida law also sets specific requirements for executing a will. In general, a valid will must be:

• In writing;
• Signed by the testator at the end; and
• Witnessed by two people, who must also sign in the presence of each other and the testator.

While Florida courts follow valid will terms, some exceptions can be made for “pretermitted” spouses and children, who come into the picture after the testator makes a will. Pretermitted spouses and children inherit according to Florida’s intestate succession laws. 

What If There Is No Valid Will?

So, what is the order of inheritance in Florida when there’s no will? Unless they created a valid and properly funded trust covering all assets, a person who dies without a will subjects their assets to Florida’s intestate succession laws. These rules determine the order of inheritance based on each person’s relationship to the deceased and include parent and sibling inheritance laws in Florida.

What Is the Order of Inheritance in Florida?

Under Florida’s intestate succession laws, individuals inherit property in the following ways.

When someone dies with a spouse but no children

If a person passes without children (or descendants) but their spouse survives them, their spouse inherits everything.

When someone dies with children but no spouse

The children or descendants of a deceased person without a surviving spouse inherit the entire estate. 

When someone dies with a spouse and children from another relationship

If the deceased had children from a relationship other than their surviving spouse, the surviving spouse gets half the estate, and the children from other relationships divide the other half. If the surviving spouse has children with the deceased and children from another relationship, the spouse inherits half of the estate.

When someone dies without a spouse or children

In Florida, siblings inherit only if the deceased left no surviving spouse or descendants. Under intestate succession, inheritance passes to parents first, then to siblings, with half-siblings receiving half the share of full siblings. A valid will or trust overrides these default rules entirely, but if no estate plan exists, the law distributes assets after debts are paid in the order of descendants, parents, then siblings.

When someone dies without a spouse, children, or parents

If a deceased passes without parents, a spouse, or a descendant, their siblings (or the siblings’ descendants) inherit their property. Without a valid will, this rule encapsulates the sibling inheritance laws in Florida.

When someone dies without immediate family but with kindred

If the deceased has no spouse, descendants, parents, siblings, or siblings’ descendants, the law gives their estate to more distant family members (or kindred). Distant family members inherit in the following order:

• Grandparents,
• Aunt and uncles,
• Other surviving kindred, and
• Kindred of the last deceased spouse.

Identifying and locating distant relatives who have the right to inherit can be taxing and emotional. But you don’t have to handle this task on your own. Bucelo Diaz Law has several years of probate experience and can handle the hard parts of managing estate matters while you grieve.

When someone dies without kindred

If the probate court can’t find kindred, the deceased’s property escheats to the state, meaning it is returned to the State of Florida. If your loved one’s property escheats to the state, you have 10 years to reopen administration and assert your right to the property proceeds.

When Should You Speak to an Attorney?

Florida inheritance laws can feel overwhelming. The rules are complicated, and the stakes are personal. Talking to an attorney at any stage of the probate or estate planning process can help protect you and your loved ones.

You may want to speak to an attorney right away if you’re navigating:

• Questions about the validity of a will,
• Disputes with family members,
• Complex asset transfers, or
• Situations involving stepchildren or blended families.

The experienced attorneys at Bucelo Diaz Law offer personalized, top-rated guidance for families across the state. Contact our office to learn more about how we can help.

We’re Here to Help

At Bucelo Diaz Law, we have helped countless Florida families make sense of inheriting property in Florida and the probate process. We are led by award-winning counsel and are a compassionate team. Contact us online or by phone to schedule a free consultation today.

Resources:

• Pretermitted spouse, Fla. Stat. § 732.301 (2024), Florida Statutes §732.301.
• Pretermitted children, Fla. Stat. § 732.302 (2024), Florida Statutes §732.302.
• Effect of subsequent marriage, birth, adoption, or dissolution of marriage, Fla. Stat. § 732.507 (2024), Florida Statutes §732.507.
• Intestate estate, Fla. Stat. § 732.101 (2024), Florida Statutes §732.101.
• Escheat, Fla. Stat. § 732.107 (2024), Florida Statutes §732.107.

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