When a Florida resident dies without a valid will, the estate passes through intestate succession—a default inheritance scheme written into Florida Statutes Chapter 732. Instead of the deceased person choosing who receives what, the state’s formula dictates the heirs and their shares, almost always starting with the surviving spouse and descendants. The probate court still oversees the process; it simply follows the statute rather than a will.
If you are a beneficiary, or believe you may be an heir, waiting to learn what you’ll receive from an estate with no will, the uncertainty is real. Below is a plain-English walk through how Florida sorts it out, who stands first in line, and what tends to slow distributions down.
What “intestate” actually means
Dying “intestate” means dying without a legally valid will. A person can be fully intestate (no will at all) or partially intestate—for example, a will that disposes of the house but says nothing about a bank account or a later-acquired rental property. Any asset not covered by a valid will falls back to the intestacy rules.
One point trips people up constantly: intestacy only governs probate assets—property titled in the decedent’s sole name with no beneficiary designation. Plenty of property skips probate entirely no matter what. Life insurance with a named beneficiary, retirement accounts, payable-on-death bank accounts, and real estate held as joint tenants with right of survivorship or as tenancy by the entireties pass directly to the surviving owner or beneficiary. If most of an estate is structured that way, the intestate share of what’s left in probate can be surprisingly small.
The order of heirs under Florida intestate succession
Florida’s intestacy hierarchy runs in tiers. The court works down the list and stops at the first tier with a living taker. The framework lives in Florida Statutes §§732.101–732.111.
- Surviving spouse — takes either the entire estate or a defined share, depending on whether there are descendants and whose descendants they are.
- Descendants — children, then grandchildren, then great-grandchildren, taking by representation (per stirpes) when a child has predeceased.
- Parents — if there is no spouse and no descendants, the estate goes to the decedent’s mother and father, or the survivor of them.
- Siblings and their descendants — if no parent survives, brothers and sisters (and the children of deceased siblings) inherit.
- More distant kin — the estate splits between the paternal and maternal grandparents’ families, reaching to uncles, aunts, and cousins as needed (§732.103).
- Escheat to the State of Florida — if no heir can be found at all, the property ultimately passes to the state under §732.107. In practice this is rare; the statute reaches far enough that someone usually qualifies.
How the spouse’s share is calculated
The surviving spouse’s portion is the part of the law beneficiaries most often misread, and it changed meaningfully in 2011. Under Florida Statutes §732.102, the result turns on the family tree:
- No descendants: the surviving spouse inherits the entire intestate estate.
- All descendants are shared by both spouses, and the surviving spouse has no other descendants: the surviving spouse again takes the entire estate. The thinking is that those children will eventually inherit from the surviving parent anyway.
- The decedent had descendants who are not also descendants of the surviving spouse (a blended family): the surviving spouse takes one-half, and the decedent’s descendants split the other half.
- The surviving spouse has descendants from another relationship, but all of the decedent’s descendants are shared: the surviving spouse takes one-half here too.
So a stepchild dynamic on either side cuts the spouse from 100% down to 50%. This is exactly where disputes flare up between a second spouse and adult children from a first marriage.
What the children and other descendants receive
Whatever does not go to the spouse—or the whole estate when there is no spouse—passes to the descendants per stirpes. That phrase means the estate divides into equal shares at the first generation that has a survivor, and a deceased child’s share drops down to that child’s own children.
A quick illustration: a widow dies with three children, but one child died before her, leaving two kids of his own. The estate splits into thirds. The two surviving children each take a third. The deceased child’s third is split between his two children—a sixth each. That is per stirpes in action, and it is the default Florida applies under §732.104.
Special rules that quietly change the math
A handful of statutory rules can override the simple tier chart, and they catch families off guard.
- The 120-hour survival rule. Under §732.601, an heir must survive the decedent by 120 hours to inherit. If they don’t, the law treats them as having predeceased—which matters in accidents where two relatives die close together.
- Adopted children inherit fully. A legally adopted child is treated as a natural child of the adopting parents and generally cuts off inheritance from the biological family (§732.108).
- Half-blood relatives. When inheritance runs to siblings, a half-sibling takes half the share of a whole-blood sibling under §732.105.
- The homestead is not freely distributed. Florida’s constitutional homestead protection (Article X, Section 4) restricts how a primary residence passes when there is a surviving spouse or minor child, regardless of the intestacy chart.
- Spousal and family safeguards. Even in intestacy, a surviving spouse may claim an elective share, exempt property, and a family allowance under Chapter 732. These come off the top before ordinary distribution.
What the probate process looks like with no will
The absence of a will does not skip probate—in many ways it adds steps. Because no one was named executor, the court appoints a personal representative (Florida’s term for an executor) following the statutory priority in §733.301, where the surviving spouse and heirs selected by a majority of interest rank first.
From there the formal administration tracks the usual path: file the petition in the circuit court of the county where the decedent lived, get letters of administration issued, identify and inventory assets, notify creditors and give them the statutory claim window, pay valid debts and taxes, and only then distribute what remains to the heirs the statute identifies. Smaller estates may qualify for summary administration, which is faster.
The mechanics of estate administration carry over from state to state even though the inheritance formulas differ. Beneficiaries dealing with a New York estate can review how that process unfolds through Morgan Legal’s overview of , and our Florida team handles the equivalent work in-state through our Florida probate practice.
Why distributions take longer when there’s no will
If you’re a beneficiary watching the calendar, here’s the honest picture: intestate estates tend to move slower, and a few predictable bottlenecks explain why.
- Proving the family tree. With no will naming heirs, the personal representative may have to document relationships—marriage certificates, birth records, sometimes genealogical research—before the court will authorize distribution.
- Locating missing or unknown heirs. A distant cousin in another state can hold up the close of an estate until they’re found and served.
- Creditor claims. Florida requires notice to creditors and a claim period that must run before money goes out. Distributing early exposes the personal representative to personal liability.
- Heir disputes. Blended families and contested spousal shares are where intestate estates stall the longest, often requiring court determination of beneficiaries.
These friction points aren’t unique to Florida. Morgan Legal walks through the recurring snags in its breakdown of , and most of them map cleanly onto an intestate Florida estate.
Protecting your inheritance as a beneficiary
If you expect to inherit from an estate with no will, a few practical moves help. Ask the personal representative (or the court file) for the inventory and the list of interested persons so you can confirm you’re correctly identified. Watch the creditor-claim deadline so you understand the realistic timeline. And if your share depends on a contested spousal calculation or a disputed family relationship, get your own counsel early rather than after distributions are made.
The cleanest way to avoid all of this for your own family is, of course, to have a valid will—you can read more on our wills page—or to reach out through our contact page if you’re an heir trying to understand where you stand in an intestate estate today.
Frequently asked questions
Who inherits if there is no will in Florida?
Florida’s intestate succession statute decides. The surviving spouse and descendants come first; if there are none, the estate passes to parents, then siblings, then more distant relatives, and only escheats to the state if no heir exists.
Does the surviving spouse get everything?
Only sometimes. A spouse takes the entire intestate estate when there are no descendants, or when all descendants are shared by both spouses and the survivor has no other children. In a blended family, the spouse takes one-half.
Do I still have to go through probate without a will?
Yes. Without a will, the court appoints a personal representative and oversees formal or summary administration. Only non-probate assets—those with beneficiary designations or survivorship titling—pass outside the process.
How long does an intestate estate take to distribute?
It varies, but intestate estates often run longer because of heir identification, the mandatory creditor-claim period, and disputes in blended families. Many Florida estates take several months to over a year.
Frequently Asked Questions
Who inherits if there is no will in Florida?
Florida’s intestate succession statute decides. The surviving spouse and descendants come first; if there are none, the estate passes to parents, then siblings, then more distant relatives, and only escheats to the state if no heir exists.
Does the surviving spouse get everything?
Only sometimes. A spouse takes the entire intestate estate when there are no descendants, or when all descendants are shared by both spouses and the survivor has no other children. In a blended family, the spouse takes one-half.
Do I still have to go through probate without a will?
Yes. Without a will, the court appoints a personal representative and oversees formal or summary administration. Only non-probate assets such as those with beneficiary designations or survivorship titling pass outside the process.
How long does an intestate estate take to distribute?
It varies, but intestate estates often run longer because of heir identification, the mandatory creditor-claim period, and disputes in blended families. Many Florida estates take several months to over a year.
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