No will (intestate)
Florida statute decides who inherits. We'll show you the map.
When someone passes away in Florida without a valid will, the legal term is intestate. Florida statute then decides who inherits — chapters 732.102 and 732.103 spell out the order, and it's not always intuitive. The law tries to predict what most people would have wanted, but when families don't fit the standard mold (blended marriages, estranged children, partners who never married), the result can surprise everyone.
If you're here because no will turned up, breathe. Intestate doesn't mean chaos. It means we follow a clear statutory map instead of a written one. The estate still gets administered (almost always through formal administration), assets still transfer, and the family still moves on. The path is just laid out by Tallahassee instead of by your loved one.
Below is what the rules actually say, who gets what in the most common situations, and what to watch for. We've also built a free Heir Visualizer tool that shows the distribution for your specific family setup — pick the closest match, see the percentages.
What this means for you
- Spouse + all shared children — surviving spouse takes 100% (FS 732.102(1)). Children inherit later, from the spouse.
- Spouse + at least one child from a prior relationship — surviving spouse takes 50%, descendants split the other 50% per stirpes (FS 732.102(4)).
- Spouse, no descendants — surviving spouse takes 100%.
- Children, no spouse — descendants take 100%, split per stirpes (FS 732.103(1)).
- No spouse or descendants — parents take everything; if no parents, then siblings; if no siblings, more distant relatives per the statute.
- Florida does NOT recognize common-law marriage. A long-term partner who was never legally married inherits nothing under intestacy.
Which path applies
Most situations route to one or two probate paths. Here are the most likely fits — read the detailed page on whichever feels closest, or use the consult to confirm.
What we watch for
Easy on people, tough on problems. These are the things that catch families off guard — we've seen them all and we plan around them.
- Assuming a long-term partner inherits. Florida does not recognize common-law marriage. If you weren't married, you receive nothing under intestacy unless named as a beneficiary on specific assets (life insurance, POD accounts).
- Disinheriting a child by accident. Florida heavily protects pretermitted children. If a child was born after the will was written and isn't mentioned, they take an intestate share.
- Missing heirs. When children, grandchildren, or siblings are scattered or out of contact, they still inherit. We sometimes have to hire a genealogist to locate them — better to plan for it than discover it mid-case.
- Stepkids without legal adoption. Stepchildren who were never legally adopted have no intestate rights, even if they were raised in the home.
- Homestead descent rules are different. The Florida homestead has its own descent map (spouse gets life estate, kids get remainder, etc.). Don't assume it follows the same rules as cash.
Questions families ask us
Intestate cases are common — about 60% of Americans die without a will. The statute is doing its best to do what your loved one might have wanted, and most of the time, it gets close. When it doesn't, we work with families to honor the spirit of what should happen, within the limits of what the law allows. We're easy on people, and we're tough on the problems.