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May 12, 2026Bucelo Diaz Law, PLLC has focused its Florida practice on probate administration and estate planning for more than 15 years, with offices in Weston, Ocala, and Naples. Founding attorney Alexis Bucelo Diaz holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and is a member of the Florida Bar.
We handle Florida probate cases statewide. If a family member died without a will, call 954.399.1910 or schedule a free 30-minute initial consultation to talk through your next steps.
When a Florida resident dies without a valid will, state law steps in to decide who inherits their probate estate. The governing rules are called intestate succession, and they are set out in Fla. Stat. § 732.101 through § 732.111. This page walks through the Florida intestate succession chart scenario by scenario, in plain English, so you can see exactly where the law places your family in the distribution order.
The chart that follows covers every major combination of survivors: spouse only, spouse with children, children only, parents, siblings, and the rare situation where no qualifying heir exists. Each scenario references the exact statute subsection so you can verify the rule yourself. If you are researching this page because a family member recently passed, the section on probate procedure explains the court process that runs alongside these distribution rules.
What Is Intestate Succession in Florida?
“Intestate” simply means dying without a valid will. “Succession” is the legal transfer of property from the person who died (the decedent) to the people entitled to inherit. When a Florida decedent dies intestate, the probate court distributes the probate estate according to the statutory schedule rather than the decedent’s wishes, because no written wishes exist. The governing statute is Fla. Stat. § 732.101.
One critical boundary: intestate succession controls only the probate estate. Property held in joint tenancy with right of survivorship, accounts with named beneficiaries (life insurance policies, IRAs, 401(k)s, payable-on-death bank accounts, and transfer-on-death investment accounts), and assets held inside a revocable living trust all pass to their designated recipients outside of probate, regardless of what the intestate chart says. The distribution rules below apply only to what remains in the probate estate after those assets are excluded.
If the distribution the chart produces is not what the decedent would have chosen, a will or trust could have produced a different result. Florida law allows any adult of sound mind to direct the distribution of their estate through a valid will under Fla. Stat. § 732.501 or a revocable trust under Florida Statutes Chapter 736. Talk to a Florida will attorney or review your options for a revocable living trust in Florida if the intestate chart is not the outcome your family expects.
The Florida Intestate Succession Chart
The chart below maps every scenario the Florida legislature addresses in Fla. Stat. § 732.102 (surviving spouse’s share) and Fla. Stat. § 732.103 (all other heirs). Read down from the top of the table to find the scenario that matches your family’s situation.
Scenarios With a Surviving Spouse
| Scenario | Who Survives the Decedent | Spouse’s Share | Descendants’ Share | Statute |
|---|---|---|---|---|
| A | Spouse only, no descendants | Entire estate | None | § 732.102(1) |
| B | Spouse + descendants. All descendants are also the surviving spouse’s descendants, and the spouse has no other descendants | Entire estate | Nothing (common misconception: children do not split with the spouse in this scenario) | § 732.102(2) |
| C | Spouse + one or more descendants who are NOT the surviving spouse’s descendants (children from the decedent’s prior relationship) | One-half of the intestate estate | One-half of the intestate estate, shared among decedent’s descendants | § 732.102(3) |
| D | Spouse + all of decedent’s descendants are also the spouse’s descendants, BUT the surviving spouse also has descendants from a separate relationship (the spouse’s children from a prior relationship who are not the decedent’s children) | One-half of the intestate estate | One-half of the intestate estate, shared among decedent’s descendants | § 732.102(4) |
The blended-family warning. Scenarios C and D are the ones most likely to produce results the decedent would not have chosen. In our probate practice, blended families are the clients most frequently surprised by Florida’s intestate rules. This is particularly true when a spouse remarries after having children from a first marriage. In those situations, the second spouse receives only half the estate, and the children from the first marriage share the other half. Having this conversation before a death occurs, rather than after, is one of the most concrete benefits of estate planning.
Scenarios Without a Surviving Spouse
| Scenario | Who Survives the Decedent | Who Inherits | Statute |
|---|---|---|---|
| E | No spouse. One or more descendants survive | Descendants inherit the entire estate, distributed per stirpes (if a child predeceased the decedent, that child’s own descendants take the deceased child’s share) | § 732.103(1) |
| F | No spouse, no descendants. One or both parents survive | Parents inherit equally, or the surviving parent inherits all | § 732.103(2) |
| G | No spouse, no descendants, no parents. Siblings (or their descendants) survive | Brothers and sisters inherit; if a sibling predeceased the decedent, that sibling’s descendants take the sibling’s share | § 732.103(3) |
| H | No qualifying surviving heirs anywhere in the statutory order | Property escheats (passes) to the State of Florida; proceeds go to the State School Fund | § 732.107 |
A note on “per stirpes.” The term appears in Scenarios E and G. It means that if an heir dies before the decedent, the deceased heir’s share drops down to that heir’s own children rather than being redistributed among the surviving heirs at the same level. For example, if the decedent had three children and one child died before the decedent but left two grandchildren of the decedent, those two grandchildren together take their parent’s one-third share.
Florida Homestead and Intestate Succession
The single most important nuance in Florida intestate law is this: the family home (legally, the homestead) does not follow the distribution table above. Florida homestead property is governed by a separate statute, Fla. Stat. § 732.401, and the result often surprises families who relied on the intestate chart.
The Default Rule: Life Estate for the Spouse, Remainder for the Descendants
When the decedent is survived by both a spouse and lineal descendants (children, grandchildren), the surviving spouse receives a life estate in the homestead (the right to live in and use the property for the rest of the spouse’s life). The descendants receive a vested remainder, meaning they become full owners when the surviving spouse dies. The spouse cannot sell or mortgage the home without the remainder beneficiaries’ consent during the life estate period.
This outcome is often a shock to surviving spouses who assumed they would own the home outright. In a blended family where the decedent’s children from a prior relationship are the remainder holders, the tension can be significant.
The Election: One-Half Fee Simple Instead
Under Fla. Stat. § 732.401(2), the surviving spouse may elect to take an undivided one-half interest in the homestead in fee simple instead of the life estate. The election must be made within six months of the decedent’s death, during the surviving spouse’s lifetime, and is irrevocable once recorded. Under this election, the descendants receive the other undivided one-half as tenants in common with the surviving spouse. This is a different outcome, but one that gives the spouse actual ownership of a share rather than just a right of use.
Neither outcome may be what your family expected. A will with a homestead provision, or a revocable living trust in Florida, can specify the intended result (including leaving the home outright to the surviving spouse) and avoid this statutory default entirely. For families with significant real property, working with a Florida estate planning attorney before a death occurs is the clearest way to control this outcome.
Family Allowance and Exempt Property
Two additional protections run alongside (not instead of) intestate succession for surviving spouses and lineal heirs.
Family allowance (Fla. Stat. § 732.403). The court may set aside up to $18,000 for the surviving spouse, or for lineal heirs the decedent was supporting, to cover living expenses during the administration of the estate. This allowance is paid ahead of most creditors and is not charged against the spouse’s or heirs’ share of the estate unless the will directs otherwise.
Exempt property (Fla. Stat. § 732.402). Certain property is set aside for the surviving spouse before creditors are paid, including household furniture, furnishings, and appliances up to a net value of $20,000, up to two motor vehicles regularly used by the decedent or immediate family, and all assets held in qualified college savings plans (529 accounts). If there is no surviving spouse, these items pass to the decedent’s children.
Both protections apply whether or not there is a will. They are statutory floors for surviving family members. They do not replace the distribution determined by the intestate chart; they run in addition to it.
Does Intestate Succession Avoid Probate?
No. Intestate succession answers the question of who inherits. Probate is the court process required to legally transfer title to those heirs. The two concepts are related but entirely distinct: the intestate chart names the destination; probate is the road the assets must travel to get there.
When a Florida decedent dies without a will, the estate typically must go through formal administration under Fla. Stat. § 733.102. Formal administration requires filing a petition with the circuit court, the appointment of a personal representative (the Florida term for what other states call an executor), and the completion of a full court-supervised process that typically takes six to twelve months. A smaller estate may qualify for the simplified procedure called summary administration if the value of the entire estate subject to administration in Florida does not exceed $75,000 and the decedent has been dead for more than two years (or the estate meets other summary criteria).
For a full breakdown of court costs, attorney fees, and timelines, see our guide to how much Florida probate costs. If you need an attorney to handle the filing, contact our team to discuss the case.
Dealing with a probate estate right now? Our team handles Florida intestate probate cases from filing through final distribution. Call 954.399.1910 or schedule a free 30-minute initial consultation. We work with families across Florida in English and Spanish.
How a Will or Trust Changes This Outcome
The intestate distribution chart is Florida’s default: it applies when no one has planned otherwise. Florida law allows any adult of sound mind, age 18 or older, to replace that default entirely through a valid will under Fla. Stat. § 732.501. A will can leave the estate in any proportion to any people the testator chooses, can appoint a personal representative, and can address the homestead directly. A revocable trust under Florida Statutes Chapter 736 accomplishes the same result while also allowing assets to pass outside of probate entirely, which means the distribution the chart describes never becomes an issue at all.
If you read through the scenarios above and found that Florida’s default distribution is not what you would want for your family, that is the practical case for estate planning. A Florida will attorney can prepare a will that controls who inherits, in what proportions, and under what conditions. A Florida estate planning attorney can also evaluate whether a trust, beneficiary designation update, or title change would better serve your goals.
Frequently Asked Questions: Florida Intestate Succession
What happens to your estate if you die without a will in Florida?
Your probate estate is distributed under Florida’s intestate succession statute, Fla. Stat. § 732.101 through § 732.111. The specific distribution depends on who survives you: a spouse, children, parents, or more distant relatives. Florida does not allow family members to divide assets informally without a court proceeding. A probate case is still required to transfer legal title to the heirs, even when the distribution order is clear under the statute.
Does a surviving spouse always inherit everything in Florida without a will?
Not always. If all of the decedent’s descendants are also the surviving spouse’s descendants and the spouse has no other descendants, the spouse inherits the full estate under Fla. Stat. § 732.102(2). But if the decedent had children from a prior relationship who are not the surviving spouse’s children, the spouse receives only one-half, and the decedent’s children share the other half under § 732.102(3). Blended families encounter this result most often and find it most surprising.
Do children inherit from a parent who dies without a will in Florida?
Yes, under certain circumstances. If there is no surviving spouse, or if the surviving spouse is not the children’s parent (creating a blended-family split under Fla. Stat. § 732.102(3) or (4)), the decedent’s descendants inherit their share. Distribution is per stirpes: if one of the decedent’s children predeceased the decedent, that child’s own children (the decedent’s grandchildren) step in to take that share under Fla. Stat. § 732.103(1).
What happens to a Florida home when someone dies without a will?
Florida homestead property follows special rules under Fla. Stat. § 732.401, not the standard intestate chart. If the decedent is survived by both a spouse and lineal descendants, the spouse generally takes a life estate and the descendants take the remainder interest. The spouse may instead elect to take an undivided one-half interest in fee simple within six months of death. This result often surprises blended families and is one of the primary reasons estate planning attorneys recommend addressing homestead property in a will or revocable trust.
Can you inherit from someone who died without a will if you are not a blood relative?
Generally no, unless you are a surviving spouse or legally adopted child. Florida’s intestate succession statute does not include stepchildren, unmarried partners, or close friends in the distribution hierarchy. Those individuals receive nothing from the intestate estate unless they are named in a valid will. If protecting these individuals matters to the decedent, a will or trust is the only way to accomplish it under Florida law.
How does intestate succession work if there are no living relatives?
If a Florida decedent leaves no qualifying surviving relatives under the statutory hierarchy, the estate escheats to the State of Florida under Fla. Stat. § 732.107. The proceeds are deposited in the State School Fund. Any person who believes they have a valid claim may reopen the administration within 10 years. This outcome is rare but possible when the decedent outlives all close relatives without having a will directing the estate elsewhere.
Talk to a Florida Probate Attorney
If a family member died without a will in Florida, the intestate chart tells you who inherits. Getting from the chart to an actual transfer of assets still requires a court proceeding, handled correctly. Bucelo Diaz Law handles Florida intestate probate matters from initial filing through final distribution. We work with surviving spouses, adult children, and personal representatives across the state, with offices in Weston, Ocala, and Naples and Zoom consultations available statewide.
For families doing estate planning, reading through this chart is often the moment when a will or trust moves from “someday” to “this week.” We can help with that too. The consultation covers both paths.
- Call: 954.399.1910
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For related probate guidance, see our pages on formal administration, summary administration, and the complete guide to how much Florida probate costs. If you are a beneficiary in an open estate, see our beneficiary representation page. For background on what happens when there is no will, see our companion piece on probate without a will in Florida.
About the Author
Alexis Bucelo Diaz, Esq., LL.M. is the founding attorney of Bucelo Diaz Law, PLLC. She holds a Master of Laws (LL.M.) in Estate Planning from the University of Miami School of Law and has more than 15 years of focused experience in Florida probate and estate planning. Florida Bar #86918. Selected to Super Lawyers Rising Stars in 2025.
Last updated: 2026-05-12. Reviewed by Alexis Bucelo Diaz, Esq., LL.M., Florida Bar #86918. Statute citations verified against the 2024 Florida Statutes on flsenate.gov. This page is for general informational purposes and does not constitute legal advice. Reading this page does not create an attorney-client relationship.
