When someone dies in Florida without a valid will, they are said to have died intestate. The estate does not go to “the state” in almost any realistic scenario. Instead, Florida’s intestate succession laws (Sections 732.101 through 732.111) act as a default will, deciding who inherits. Here is how it works in plain English.
Who inherits when there is no will
Florida law follows a fixed order based on family relationships:
- Spouse and no descendants: the surviving spouse inherits everything.
- Spouse and descendants who are all shared: the spouse inherits everything, as long as neither spouse has children from another relationship.
- Spouse plus children from another relationship: the spouse takes half and the decedent’s descendants share the other half. This blended-family rule surprises many Florida families.
- No spouse: assets pass to descendants, then to parents, then siblings, then more distant relatives.
“Descendants” includes children and grandchildren, with shares divided per stirpes (by branch of the family).
Homestead changes the math
Florida’s homestead protection (Article X, Section 4 of the state constitution) can override the general rules for the primary residence. When there is a surviving spouse and a minor child, the homestead cannot be freely devised, and special rules determine the spouse’s interest, often a life estate or, by election, a one-half tenancy in common with the descendants. Because homestead is treated separately from other assets, intestate outcomes for the family home can differ from the rest of the estate.
Exempt property and the family allowance
Even without a will, a surviving spouse and minor children in Florida are entitled to certain protections, including exempt property (such as household furnishings up to a statutory value and two vehicles) and a family allowance of up to $18,000 to support them during administration. These come off the top before general distribution.
Who runs the estate?
With no will, there is no named personal representative, so Florida law sets a priority. The surviving spouse has first preference; if there is no spouse or the spouse declines, the person chosen by a majority of the heirs is next, then the heir nearest in degree. The court then issues letters of administration to that person.
The steps still apply
An intestate estate goes through the same machinery as one with a will: formal or summary administration, notice to creditors, payment of valid debts (Florida has no state estate or inheritance tax), and final distribution under the statute. The main difference is that the statute, not a document, controls who gets what.
The takeaway
Dying without a will means giving up control: the State of Florida’s default plan may not match what you would have chosen, particularly in blended families or when a home is involved. If a loved one in Florida has died without a will, or you want to avoid intestacy yourself, speak with a licensed Florida probate or estate planning attorney. This article is general information, not legal advice.
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For more on our Florida practice, see our overview of probate and estate administration in Florida. Morgan Legal Group's affiliated New York office also handles .
