Florida’s intestacy laws provide a default distribution plan for probate property that is not effectively disposed of by a valid will. Understanding those rules can reveal where the legal default differs from what you would choose for your family.
Probate and nonprobate property follow different rules
An asset may pass outside probate through an effective beneficiary designation, valid survivorship ownership or a properly funded trust. Examples can include life insurance, certain retirement or bank accounts and property held under appropriate trust arrangements.
The outcome depends on the title and governing documents. Florida does not have a general statutory transfer-on-death deed system for real estate, and a vehicle should not be assumed to have a transfer-on-death registration merely because similar procedures exist elsewhere. Any proposed deed or vehicle transfer should be evaluated under the rules that actually apply.
A will, beneficiary designation and trust should therefore be coordinated rather than treated as interchangeable documents.
The surviving spouse’s share
Under section 732.102, a surviving spouse receives the entire intestate estate if the decedent leaves no surviving descendants. The spouse also receives the entire intestate estate if all of the decedent’s surviving descendants are descendants of that spouse and the spouse has no other surviving descendants.
The spouse receives one-half if the decedent has a surviving descendant who is not a descendant of the spouse. The spouse also receives one-half if all the decedent’s descendants are shared, but the spouse has another surviving descendant who is not a descendant of the decedent. The decedent’s descendants inherit the remaining intestate share under the statutory rules.
These rules concern the intestate probate estate. Florida homestead and other protections may affect particular property and must be considered separately.
When there is no surviving spouse
Descendants have first priority. If there are no descendants, the statute next looks to parents, then siblings and descendants of deceased siblings. It provides additional categories if none of those people survive.
Distribution among descendants follows Florida’s per stirpes rule, which can allow a deceased descendant’s branch of the family to take that person’s share. Adoption, parentage and other relationship rules can affect who qualifies.
The law does not permit inheritance by anyone who is remotely related, without regard to the specified categories. Property ultimately escheats to the state only when no statutory heir qualifies.
Make the plan personal
Intestacy does not make gifts to a close friend or favorite charity simply because that person or organization was important to you. Nor does it provide tailored instructions for a beneficiary who needs help managing money.
A coordinated estate plan can address those wishes within the law. We can help you review the default outcome and decide which documents and ownership arrangements would better serve your goals.
Sources: Surviving spouse intestate share; Order of other intestate heirs; Per stirpes distribution; Florida homestead restrictions.
Updated October 26, 2026.