In short: If someone dies without a will in Florida, the spouse takes the entire estate when there are no descendants, or when all descendants are also the spouse’s and the spouse has no others; otherwise the spouse takes one-half (§ 732.102). With no spouse, the estate goes to descendants, then parents, then siblings and their descendants.
No will. No trust. Just a house, some accounts, and a family.
When someone dies without a valid will (lawyers say they died intestate), Florida doesn’t guess what they would have wanted. The statute decides.
The Surviving Spouse: § 732.102
The spouse’s share depends on whose children are in the picture:
- No descendants: the spouse takes the entire intestate estate.
- All descendants are also the spouse’s, and the spouse has no other descendants: the spouse takes the entire intestate estate.
- The decedent had descendants who are not the spouse’s: the spouse takes one-half, and the descendants share the other half.
- All descendants are the spouse’s, but the spouse has descendants from someone else: the spouse takes one-half.
In blended families, that means stepchildren and the surviving spouse can end up as co-owners of the estate.
If There Is No Spouse, the Line Goes Like This
Generally, the estate passes in this order:
- The decedent’s descendants (children, and the children of a child who died earlier)
- If none, the parents
- If none, brothers and sisters and their descendants
- If none, more distant relatives, following the statute’s order
- If there is truly no one, the property escheats to the State of Florida
Half-blood relatives (for example, a half-brother) generally take half as much as whole-blood relatives in the same degree.
The House Follows Its Own Rules
If the house was the family homestead and the decedent left a spouse and descendants, § 732.401 gives the spouse a life estate (or, by election within 6 months, a one-half interest as tenant in common), with the remainder to the descendants. See the companion article on the surviving spouse and the Florida homestead.
“No Will” Usually Means More Court, Not Less
People sometimes think dying without a will avoids probate. It doesn’t. Assets in the decedent’s sole name still need a probate case, through summary administration (now available for estates up to $150,000, excluding exempt property) or formal administration.
What dying without a will does is take the choices away: who inherits, in what shares, and who serves as personal representative. And it leaves the family to sort it out while they are grieving.
Before You Assume There Was No Will
Search first. Check with the clerk in the county where the person lived, any lawyers they used, their papers, and any safe deposit box. A will found later can change everything. See the article on finding the original will in this series.
The Simple Fix
Every adult should have a will prepared with a lawyer and signed with proper formalities, and should tell their family where the original is. Better still, set up POD and TOD designations so most assets never need probate at all.
Watch: the videos behind this article
Florida Probate: With a Will vs Without a Will
What Happens If There Is No Will in Florida? | Intestate Succession & Who Inherits
What Happens If You Die Without a Will in Florida? | Intestate Succession Law Explained
Go Deeper
- Does a Will Avoid Probate in Florida? No
- Can You Skip Full Probate in Florida? Summary Administration Under § 735.201
Frequently Asked Questions
Who inherits if there is no will in Florida?
The surviving spouse and descendants first, under § 732.102 and § 732.103; then parents, then siblings and their descendants, then more distant relatives. If there is no one, the estate escheats to the state.
Does the spouse get everything if there is no will in Florida?
Only if there are no descendants, or all descendants are also the spouse’s and the spouse has no other descendants. Otherwise the spouse takes one-half.
What happens to the house if there is no will?
If it was homestead and the decedent left a spouse and descendants, § 732.401 gives the spouse a life estate, or a one-half interest by election within 6 months, with the rest to the descendants.
Does dying without a will avoid probate?
No. Assets in the decedent’s sole name still need summary or formal administration.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, and will disputes from St. Petersburg. If you need a probate lawyer in St. Petersburg for intestate estates, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
