Who Inherits If There’s No Will in Florida? Understanding Florida’s Intestate Succession Laws
- Randy Narkir, Esq.
- Jul 28
- 4 min read
Updated: Jul 29
No Will? Here's What Florida Law Says About Who Inherits
If your loved one passed away without a Will in Florida, you're not alone. Nearly half of Americans don’t have a written estate plan when they die. And when that happens, Florida law steps in with a fixed process for distributing that person’s assets. This process is called intestate succession - and it determines exactly who inherits what.
At Legacy Solutions Law Firm, we guide Florida families through this scenario every single week. Some are shocked to learn how the law divides assets. Others assume things will “just go to the family,” without realizing that the law doesn’t always align with what their loved one would have wanted.
This guide will walk you through how Florida intestate succession laws work, what the court looks for, and what to do next if you're left without a Will - but with responsibilities.
What Is Intestate Succession?
Intestate succession is Florida’s legal blueprint for inheritance when someone dies without a valid Will. Instead of honoring personal wishes, the court follows a strict priority list established by Florida Statutes Chapter 732, which governs intestate estates, elective shares, family allowances, and the rights of surviving spouses and descendants.
Florida Statutes Chapter 732 covers:
The rights of spouses and children
Priority of heirs based on family relationship
Distribution rules in blended or non-traditional families
Rules for adopted and half-blood relatives
When an estate “escheats” to the State of Florida
This chapter ensures a clear, consistent legal path forward when no written instructions (Will or Trust) are left behind.
Florida Intestate Succession Visual Guide
Here’s a simple breakdown of how assets are passed when there is no Will:
If the deceased had:
Spouse only (no children): Spouse inherits everything.
Spouse + shared children only: Spouse inherits everything.
Spouse + children from another relationship: Spouse gets 50%, other children split 50%.
Children only (no spouse): Children split everything equally (grandchildren inherit their parents’ share if that child is deceased).
No spouse or children: Parents, then siblings, then nieces/nephews, and so on.
No legal heirs or legal heirs of spouse: Estate escheats to the State of Florida.
Real Case Study: When Chapter 732 Took Over
A woman passed away in Broward County without a Will. She had no spouse, no children, and had been estranged from her siblings for years. Her estate included a modest home and several investment accounts.
With no Will in place, Florida Statutes Chapter 732 took over. The court initiated a search for next of kin. Eventually, her only living sibling, who lived out of state, was located and named the Personal Representative. That sibling was surprised to inherit the entire estate, mainly since they had not spoken to the decedent for over a decade.
It was legal. But there was a lot of evidence that was not what the woman would’ve wanted. She wanted to leave her estate to the Humane Society. This is why we emphasize early planning and clear documentation, and why we help families navigate the law when that planning hasn’t happened.
What If There’s a House?
One of the most common questions we hear is: “What happens to the house if there’s no Will?”
Here’s what Florida law says:
If the home was the decedent’s homestead property and they were married, the surviving spouse receives full ownership if jointly owned. If the house was in the decedent’s name, the spouse receives a life estate (the right to live in the home for the rest of the spouse’s life and then to the children). The surviving spouse can go to Court and elect to receive 50% of the homestead instead of the life estate.
If there are children from another relationship, they may share ownership with the spouse.
If there’s no surviving spouse or children, the house may go to parents, siblings, or other next of kin.
Homestead property rules are incredibly complex. They impact inheritance rights, creditor protection, and the ability to sell or transfer the property. Always consult a probate attorney before taking any action.
Who Administers the Estate When There’s No Will?
Without a Will naming a Personal Representative (executor), someone must petition the court to be appointed.
Florida law gives priority to:
Surviving spouse
Heirs (in the same order of inheritance rights)
Any capable adult approved by the court
The appointed Personal Representative is responsible for:
Opening the probate case
Gathering and managing the assets
Paying debts and taxes
Distributing assets to the rightful heirs
This person has fiduciary duties and can be held legally accountable for mistakes or mismanagement. If you’ve been asked to serve, speak with a probate lawyer first - it’s not just paperwork.
Do You Still Need Probate If There’s No Will?
Yes - in almost all cases, Florida probate is required when someone dies intestate. Even with a Will, the court must oversee the distribution of assets and validate the next of kin.
There are two types of probate:
Summary Administration: Available for estates under $75,000 or when the decedent has been dead for over two years.
Formal Administration: Required for most larger estates or when real property is involved.
Read more about Summary Administration and Formal Administration, click here
Final Thoughts: You Don’t Have to Navigate This Alone
When a loved one dies without a Will, it’s easy to feel unprepared. The decisions, the emotions, the legal steps. It’s a lot.
But you don’t have to deal with it alone.
The attorneys at Legacy Solutions Law Firm have walked countless families through Florida’s intestate process.
We’ll help you:
Understand who inherits under Chapter 732
Determine if probate is required
Secure the correct legal documents
Protect the estate from mistakes, disputes, and unnecessary delays
Book Your Free 30 Minute Consultation - Talk to a Florida probate attorney today.
Legal references cited in this article:
Florida Statutes Chapter 732: Intestate Succession and Wills
Florida Statutes Chapter 733: Probate Code - Administration of Estates Find more at The Florida Senate Official Website.
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