In short: In Florida, stepchildren don’t inherit from a stepparent who dies without a will unless they were adopted, except in the rare case where the estate would otherwise go to the kindred of the last deceased spouse (§ 732.103(5)). They inherit only if named in a will or trust. Florida law also automatically protects certain people: divorce voids will provisions and beneficiary designations for a former spouse (§§ 732.507(2), 732.703), and a spouse or child added after the will can receive an intestate share (§§ 732.301, 732.302).
Second marriages, third marriages, his kids, her kids, a will from 1998: Matt calls Florida’s rules for blended families one of the most misunderstood areas of probate.
Stepchildren Usually Don’t Inherit Without a Will
Florida’s intestacy statute follows blood and adoption. A stepchild who was never adopted generally doesn’t inherit from a stepparent who dies without a will. The narrow exception: if there’s no kindred at all on either side, the estate passes “to the kindred of the last deceased spouse” (§ 732.103(5)). See dying without a will.
If you want stepchildren to inherit, name them in your will or trust, or use beneficiary designations.
When Can a Stepchild Challenge a Will?
Matt’s short video answers this directly: a stepchild needs to be an “interested person” with a direct economic stake. That usually means being named in the will being challenged, or in a prior will or trust that would control if the new one fails. Then the usual grounds apply: lack of capacity, undue influence, fraud, or improper execution.
Divorce Rewrites the Will
- Wills: provisions for a former spouse are “void upon dissolution of the marriage,” and the will is read as if the spouse died at the time of the divorce, unless the will says otherwise or was signed after the divorce (§ 732.507(2)).
- Nonprobate assets: a designation of a former spouse made before the divorce is generally void, and the asset passes as if the former spouse predeceased (§ 732.703), with exceptions including federally governed plans.
The 2026 argument below asks how far that rule reaches when stepchildren were named in the will.
People the Law Puts Back In
- Pretermitted spouse: a spouse who married the testator after the will was signed can receive an intestate share, unless there’s a prenup, the spouse was provided for, or the will shows intent to omit (§ 732.301).
- Pretermitted child: a child born or adopted after the will can receive an intestate share, with exceptions (§ 732.302).
- Surviving spouse: elective share and homestead rights apply regardless of the will. See the elective share and homestead rights.
Minor Children
Matt’s video on minors’ rights stresses that the law protects a minor child above almost everyone else:
- A homestead can’t be devised away from a minor child (Art. X, § 4(c), Fla. Const.).
- A parent as natural guardian can handle up to $15,000 without a court guardianship (§ 744.301(2)). Above that, a guardianship of the property is generally required.
- A trust or a custodian under Florida’s Uniform Transfers to Minors Act avoids a court-supervised guardianship for a child’s inheritance.
Outdated Wills
A will written before a remarriage, a divorce, a new child, or a move to Florida may not do what you think. Matt’s advice: review your plan every time your family changes.
Watch: the videos behind this article
Florida Probate Law Explained for Blended and Multiple Marriages
WHAT HAPPENS IN FLORIDA IF A WILL LEAVES SOMEONE OUT?
WHAT HAPPENS IF A WILL IS UNCLEAR OR OUTDATED IN FLORIDA?
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
DIVORCE VOIDS Will for STEPCHILDREN?! | Reese v. Estate of Hernandez | 5D23-3312 | 5th DCA
Spouse Left Out of the Will: How Much Does the Pretermitted Spouse Inherit? | Albee 16-798
Born Before the Will, Discovered After — Is She a Pretermitted Child?
Go Deeper
- Dying Without a Will in Florida: Who Inherits?
- Florida Elective Share: The Spouse’s 30%
- Surviving Spouse Homestead Rights in Florida
- How to Contest a Will in Florida
Frequently Asked Questions
Do stepchildren inherit in Florida if there is no will?
Generally no, unless legally adopted. Florida intestacy runs to the spouse, descendants, parents, and other blood relatives. Only if no kindred exists on either side does the estate pass to the kindred of the last deceased spouse (§ 732.103(5)).
Can a stepchild contest a will in Florida?
Only if they are an interested person, usually because they are named in the will being challenged or in a prior will or trust that would control if the current one were invalid. Being a stepchild alone doesn’t create standing.
Does divorce cancel a will in Florida?
It voids the provisions that benefit the former spouse, and the will is read as if the former spouse died at the time of the divorce (§ 732.507(2)). Beneficiary designations for a former spouse on many nonprobate assets are also void (§ 732.703), subject to federal preemption for some plans.
How does a minor inherit money in Florida?
A parent as natural guardian can receive and manage up to $15,000 without a court guardianship (§ 744.301(2)). Above that, a guardianship of the property is generally required, unless the money is left in a trust or to a custodian.
Talk to a Florida probate litigator
Weidner Law, P.A. handles Florida probate, trust, guardianship, and will disputes from St. Petersburg. If you need a probate litigation lawyer in St. Petersburg or anywhere in Florida, 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.
