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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.
Miranda Pages serves as the Client Operations Manager, bringing over a decade of leadership and management experience in youth program administration. Throughout her career, she has overseen team operations, staff development, and program coordination, experience that translates seamlessly into managing client services and internal operations in a professional environment.
Known as the team’s go-to resource, Miranda is highly reliable and deeply dedicated to supporting both colleagues and clients. Her commitment to professionalism and service helps ensure the team operates efficiently while maintaining the high level of care clients expect.
Juan G. Croussett is a litigation attorney at Zoecklein Law, where he represents clients in complex probate and trust disputes and other contested matters. Known for his strong courtroom presence and strategic approach to advocacy, Juan focuses on protecting clients’ interests through thorough preparation, persuasive legal argument, and disciplined case management.
Juan earned his Juris Doctor from Florida Coastal School of Law and holds a Bachelor of Arts in Political Science and History from the University of South Florida. Over the course of his career, he has developed extensive litigation experience handling a variety of complex matters, including property disputes, dependency proceedings, and high-conflict cases involving sensitive family issues.
Before joining Zoecklein Law, Juan served as a Senior Attorney with the Florida Department of Children and Families and later as Lead Dependency Attorney at The Spring of Tampa Bay. In these roles, he regularly appeared in court, managed complex case portfolios, and advocated on behalf of individuals navigating difficult legal circumstances.
At Zoecklein Law, Juan brings this depth of litigation experience to guide clients through challenging disputes with clarity, diligence, and strong advocacy. He is committed to developing thoughtful legal strategies and delivering results-driven representation.
Outside of his legal practice, Juan is a devoted husband and father who values family and community
Keegan Ashmore Gothers is an attorney at Zoecklein Law, where he assists clients with probate, estate, guardianship, and other civil litigation matters. He is known for his strong analytical skills, attention to detail, and ability to navigate complex legal issues while providing thoughtful and strategic support throughout the litigation process.
Keegan earned his Juris Doctor from the University of Miami School of Law and holds a Bachelor of Science in Sports Administration with a minor in Business Administration from the University of Louisville. During law school, he distinguished himself in competitive arbitration competitions, earning recognition as a champion in the University of Miami MLB Arbitration Competition and a finalist in the Tulane International MLB Arbitration Competition.
Prior to joining Zoecklein Law, Keegan gained experience working on a variety of civil litigation matters, including real estate disputes, contract issues, probate matters, and business disputes. He has experience drafting pleadings, conducting legal research, preparing discovery, and assisting with depositions, mediations, and motion hearings.
Outside of his legal practice, Keegan enjoys watching sports, spending time with friends and family, and golfing. His background in athletics reflects a competitive spirit and team-oriented mindset that he brings to his work serving clients
Mr. Rubin currently focuses on probate administration, estate litigation, and general civil litigation. Mr. Rubin grew up in Miami, Florida, and graduated from the University of Miami where he obtained a Bachelor’s of Science in Communications.
Mr. Rubin obtained his juris doctorate degree from Florida International University College of Law in Miami, Florida. While at Florida International University, Mr. Rubin was a member of the Negotiation and Mediation Team, and competed in several competitions, including the Tulane Law School Professional Football Negotiation Competition. While at Florida International University, Mr. Rubin interned at the Miami-Dade State Attorney’s Office and the Broward Public Defender’s Office.
After graduating, Mr. Rubin worked at the Fort Myers Public Defender’s Office as an Assistant Public Defender, and then worked for Florida Rural Legal Services, where he focused on family and immigration law. Mr. Rubin joined Zoecklein Law, P.A. in July of 2023. While not working, Mr. Rubin enjoys spending time with his girlfriend and their three cats, four spiders, one snake, and one scorpion.
A Florida Bar licensed attorney since 2011 with a passion for justice, a track record of successful courtroom and jury trial experience, and a diverse background that extends beyond the legal world. As a past assistant state attorney and co-owner of a successful online business, I bring a unique blend of legal expertise and entrepreneurial spirit to everything I do.
My dedication to the well-being of the community began with my service in the U.S. Army Reserve, evolved into keeping drunk drivers off the street, and is now focused on helping people find closure during difficult times, putting loved ones to rest, and mitigating the injustices of the legal system.
I grew up in Tampa, Florida, and after 2 years at the American University in Washington, D.C., I returned to the state and graduated with honors from the University of Florida with a degree in history. I received my Juris Doctor from the University of Maine. After deciding New England winters were too gloomy, I returned to the state for a second time. When I am not working, I cherish spending time with my wife and our pets.
Mrs. Zoecklein is a highly accomplished and driven professional with a successful track record in both accounting and customer service. As a devoted spouse and parent to three wonderful children, She values the importance of work-life balance and strives to lead by example in maintaining a fulfilling family life alongside her career.
With an innate sense of self-drive and ambition, Mrs. Zoecklein has consistently demonstrated exceptional leadership and organizational skills, making her an invaluable asset to every team she has been a part of. Drawing from her experience in accounting, she has managed financial operations with precision and an eye for detail, ensuring smooth financial transactions and accurate record-keeping.
In the realm of customer service, Mrs. Zoecklein has honed her communication and interpersonal skills, establishing strong rapport with clients and colleagues alike. She takes great pride in delivering exceptional service, consistently exceeding expectations, and ensuring client satisfaction.
Outside of her professional pursuits, Mrs. Zoecklein finds immense joy in the company of her loving spouse and three children. She believes that family forms the cornerstone of a fulfilling life and embraces opportunities to create lasting memories with them. Whether it’s embarking on adventurous outings, engaging in creative endeavors, or simply relishing quality time at home.
With a perfect blend of professional dedication and family-centered values Mrs. Zoecklein embodies a well-rounded and driven individual, whose commitment to excellence extends to both her career and the cherished relationships that enrich her life.
Mr. Zoecklein’s primary focus centers on Probate and Plaintiff’s Civil Litigation. His esteemed team is actively handling cases across the State of Florida in the areas of probate administration, estate litigation, insurance claims, and business law. Hailing from Blacksburg, Virginia, he graduated cum laude from Virginia Tech with a degree in business management, successfully running multiple franchises in Virginia and North Carolina during his time there. Pursuing higher education, Mr. Zoecklein earned his juris doctorate degree cum laude, along with a Masters in Business Administration, from Stetson University College of Law, where he notably represented the university in numerous national and international legal academic competitions. A highlight of his law school journey was winning a National Moot Court competition for Stetson, displaying his exceptional legal acumen. During his time at Stetson, Brice also contributed to the Center for Advocacy of Elder Law and interned at the U.S. Attorney’s Office for the Middle District of Florida. Following graduation, he embarked on a career with a prominent insurance defense firm, but his passion for Plaintiff advocacy and consumer justice led him to dedicate his legal pursuits exclusively to the representation of consumer rights. Apart from his professional endeavors, Mr. Zoecklein treasures quality time with his wife and three children. Through his unwavering pursuit of justice, both inside and outside the courtroom, Brice Zoecklein exemplifies the essence of a compassionate advocate and a reputable professional, dedicated to upholding the values of integrity, empathy, and fairness in all aspects of his life.
Stetson University College of Law – cum laude
Virginia Polytechnic Institute – cum laude
Zoecklein Law focuses on the following Florida practice areas:
Email: [email protected]
Toll-Free: (877) 206-0022
Brandon Office: 150 E. Bloomingdale Ave., Brandon, FL 33511
St. Petersburg Office: 4021 Central Ave., Suite B, St. Petersburg, FL 33713
Fax: (813) 925-4310