When someone dies without a valid will, Florida’s intestacy rules identify who receives property that passes through the probate estate. Those rules provide a starting point, but they may differ from the choices you would make for your own family. Understanding them can help you settle an existing estate or decide what you want your estate plan to say.
Determine the surviving spouse’s share
Under Fla. Stat. § 732.102, the surviving spouse receives the entire intestate estate if the decedent has no surviving descendants. The spouse also receives the entire estate when all of the decedent’s descendants are shared with that spouse and the spouse has no other descendants. If the decedent has descendants from another relationship, the spouse generally receives one-half. The same one-half rule applies when the decedent has shared descendants but the spouse also has descendants from another relationship. The decedent’s descendants receive the remaining share.
After the spouse, the statute works outward through the family
Property not passing to a surviving spouse generally passes first to the decedent’s descendants, then, if none, through the statutory order for parents, siblings and their descendants, and more remote family (§ 732.103). The law includes a route to the kindred of a last deceased spouse in specified circumstances. An unmarried partner, friend, or charity does not receive a share merely because of that relationship. A will or trust can make those intended gifts express.
Identify the family relationships that count
Florida generally distributes descendants’ shares by family branch, using the per stirpes rule (§ 732.104). Adoption, legal parentage, half-blood relationships, and descendants of relatives who have already died can affect the result. An unadopted stepchild generally is not treated as the decedent’s own descendant, although a more remote statutory route through a deceased spouse’s family can sometimes apply. Establishing the family tree carefully is part of administering an intestate estate.
Review the home and family protections
Florida homestead follows special rules. If it is not validly devised, it generally descends like intestate property, except that when both a spouse and descendants survive, the spouse generally receives a life estate and the descendants a remainder. The spouse may elect a one-half ownership interest instead within the statutory period (§ 732.401). Survivorship ownership and other circumstances can change the analysis. These rules deserve particular attention in a blended family.
A surviving spouse, or in qualifying circumstances the decedent’s children, may claim statutory exempt property (§ 732.402). Eligible family members may also receive a family allowance during administration (§ 732.403). These protections have limits, eligibility rules, and deadlines; they should be considered as part of the probate process rather than assumed to apply automatically to every asset.
Select an eligible personal representative
Florida provides appointment preferences for an intestate estate, beginning with an eligible surviving spouse, followed by other statutory choices (§ 733.301). The proposed representative must also satisfy eligibility and, for nonresident individuals, relationship requirements. Spiro can help the family understand the process and coordinate appropriate additional counsel if a disagreement requires it.
Understand what a personal plan can add
Intestacy provides shares under a statutory formula. A personal estate plan can add trusts for children, directions suited to a beneficiary’s disability or benefits, gifts to chosen family or charities, and selected decision-makers. A minor’s outright share may otherwise require court-supervised management, an authorized custodial arrangement, or another permitted process. An intestate estate may use formal or qualifying summary administration, with creditor claims addressed under the applicable rules. Court supervision provides a process for establishing entitlement and documenting the distribution.
Put your own choices in writing
A will can name beneficiaries, a personal representative, and trustees for shares that should be managed over time. A properly funded revocable trust can provide similar directions for trust property while supporting continuity and reducing the need for probate. Both must respect applicable spousal, homestead, and other legal protections. Spiro helps you choose the structure and explains the scope and fee arrangement in advance.
Contact our office to arrange a consultation with Spiro about estate planning, trusts, or probate. Meet in Palm Harbor, in Tampa or St. Petersburg by appointment, or by Zoom or teleconference.