When someone dies without a will, Florida’s intestacy statutes decide who receives their probate property. In general:
- A spouse and no descendants, or descendants who are all the couple’s and the spouse has no others: everything to the spouse (§ 732.102).
- Spouse and children, but either has children outside the marriage: half to the spouse, half to the decedent’s descendants.
- No spouse: everything to the descendants; if none, to the parents; then siblings and their descendants; then more distant relatives (§ 732.103).
Probate is still needed to transfer assets in the decedent’s name alone. Assets with named beneficiaries or co-owners pass outside these rules.
The spouse’s share in detail
Under § 732.102, the surviving spouse takes:
| Family situation | Spouse’s share |
|---|---|
| No surviving descendants of the decedent | All |
| Descendants, all of whom are also the spouse’s, and the spouse has no other descendants | All |
| The decedent has descendants who are not the spouse’s | One-half |
| All descendants are also the spouse’s, but the spouse has descendants from another relationship | One-half |
Whatever does not go to the spouse goes to the decedent’s descendants (§ 732.103).
The homestead without a will
The home follows its own rule. If the decedent is survived by a spouse and descendants, the spouse receives a life estate in the homestead and the descendants receive the remainder, unless the spouse elects within six months after the death to take a one-half interest as a tenant in common instead (§ 732.401). If there is no spouse, the homestead passes to the heirs like other property.
Who serves as personal representative
Without a will, the surviving spouse has first preference to be appointed. Next is the person chosen by a majority in interest of the heirs, then the heir nearest in degree (§ 733.301).
Who does not inherit
- An unmarried partner, no matter how long the relationship lasted
- Stepchildren who were not adopted, except in the rare case where the decedent has no blood relatives at all and the estate passes to the relatives of a spouse who died earlier (§ 732.103(5))
- Friends and charities
If no relative is entitled to inherit, the property passes to the state (§ 732.107).
An example
A Seminole County man dies without a will, survived by his second wife and two adult children from his first marriage. Because he has descendants who are not his wife’s, she receives one-half of his probate estate and the two children share the other half (§ 732.102). His homestead passes differently: his wife receives a life estate and his children the remainder, unless she elects within six months to take a one-half interest instead (§ 732.401).
Common misunderstandings
- “The spouse always gets everything.” Not when there are children from another relationship.
- “Without a will, the state takes it.” Only if there are no relatives entitled to inherit.
- “My partner and I have been together twenty years.” Without marriage, a will, or a beneficiary designation, the partner inherits nothing.
What to gather
- A family tree: spouse, children (including any who died, and their children), parents, siblings
- Marriage and divorce records
- A list of assets and how each is titled
- The deed and homestead information for the residence
Next step
Draw the family tree first. Under intestacy, who inherits depends entirely on who survived the decedent, so an accurate family tree is the most important document in the case.
Related guidance
- What does a surviving spouse inherit?
- Why is probate required?
- Florida homestead after death
- Formal administration
Sources: Florida Statutes § 732.102, § 732.103, § 732.107, § 732.401, and § 733.301 (2026). Checked on October 23, 2026.