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When someone dies in Florida without a valid will, they are said to die intestate. Florida’s intestate succession statute (Fla. Stat. § 732.101 through § 732.111) controls who inherits the decedent’s property — the state, not the decedent or family, decides distribution.
This guide explains exactly what happens to Florida property when there is no will, who inherits in different family scenarios, and what surviving family members need to do.
When a Florida resident dies without a valid will, the following order determines who inherits the probate estate:
Florida’s intestate succession statute (Fla. Stat. § 732.101) controls distribution of the decedent’s property. The probate court appoints a personal representative (typically the surviving spouse or an adult child), and the estate’s probate-eligible assets are distributed according to a statutory order that prioritizes spouse and descendants. Property held jointly, in trust, or with beneficiary designations passes outside this process.
Under Florida intestate succession (Fla. Stat. § 732.102 and § 732.103): If there is a surviving spouse and no descendants, or if all descendants are also descendants of the spouse, the spouse takes 100%. If there are descendants who are NOT also the spouse’s descendants, the spouse takes 50% and the descendants share 50% per stirpes. With no spouse, descendants take 100%. With no spouse or descendants, the parents take. Then siblings. Then grandparents. Then more distant relatives.
Not always. The surviving spouse gets 100% only if (1) there are no descendants, or (2) all of the decedent’s descendants are also the spouse’s descendants AND the spouse has no descendants from another relationship. If either spouse has descendants from a prior relationship, the spouse takes only 50% (Fla. Stat. § 732.102).
Per stirpes means ‘by the branch.’ If a beneficiary predeceases the decedent, that beneficiary’s share passes to their descendants. For example, if a decedent has three children and one child has predeceased the decedent leaving two grandchildren, the surviving two children each take 1/3 and the two grandchildren split the deceased child’s 1/3 share (each grandchild gets 1/6). Florida intestate succession applies per stirpes (Fla. Stat. § 732.104).
Florida homestead receives special treatment. If the decedent is survived by a spouse or minor children, the homestead is NOT subject to intestate succession or creditor claims (Article X § 4 of the Florida Constitution). Instead, the surviving spouse takes a life estate with remainder to descendants per stirpes, OR the spouse can elect a 50% tenant-in-common interest with the descendants. This is determined in a separate probate court proceeding.
No. Florida intestate succession recognizes only legally married spouses, biological and adopted descendants, parents, siblings, and other blood relatives. Unmarried partners — even long-term partners — receive NOTHING from a Florida intestate estate. This is one of the most common reasons unmarried couples need a written estate plan.
Typically 9 to 14 months from petition to discharge for a formal administration, the same as any other Florida probate. The lack of a will adds some procedural steps — additional notice, sometimes court determination of heirs, and possibly bond requirements for the personal representative — but does not dramatically change the timeline.
Florida Statute § 733.301(2) sets the priority order: (1) surviving spouse, (2) person selected by majority interest of heirs, (3) heir nearest in degree (with ties broken by court). The person must meet eligibility requirements: Florida resident OR a relative by blood, marriage, or adoption to the decedent. Non-resident non-relatives cannot serve.
After exhausting all categories — spouse, descendants, parents, siblings, grandparents, then more distant relatives — if no heir can be found, the estate escheats to the State of Florida under Fla. Stat. § 732.107. The State holds the assets for the benefit of the State School Fund. This outcome is rare; courts will search extensively for any living relative before declaring escheat.
Complete guide to Florida probate — intestate, formal, and summary administration.
Surviving spouse's protection under Fla. Stat. § 732.201.
How Florida executors are paid from the estate.
Summary administration alternative for small estates.