Dying Without a Will in Florida: Who Inherits Your Property?

A few days after the funeral, a daughter in Jacksonville sits at her father’s kitchen table, going through the folders he kept in a desk drawer. There are bank statements, insurance papers, and the deed to the house, but no will. Her father remarried six years ago, and she and her brother are his children from his first marriage.

Within a week, the questions start. Does his wife get the house? Do the children get anything? Who is supposed to handle the bank accounts? Florida law has an answer to every one of these questions, but it is often not the answer the person who died would have chosen.

This guide explains what happens after dying without a will in Florida, who inherits and in what order, what happens to the family home, and what the family needs to do next.

What Happens When Someone Dies Without a Will in Florida?

When a person dies without a valid will, the law says they died “intestate.” Their property is then divided according to a fixed order set out in Chapter 732 of the Florida Statutes, and the estate is usually settled through probate court.

A common belief is that the state takes everything when there is no will. That is not true. The state receives property only in the rare case where no relative recognized by law can be found.

Florida Intestate Succession: Who Inherits and in What Order

Florida intestate succession follows a clear order, set out in Section 732.102 for spouses and Section 732.103 for everyone else. Here is how it works in the most common situations:

When the law says “children,” it also includes grandchildren and great-grandchildren. If a child has already died, that child’s share goes to their own children. Lawyers call this dividing an estate per stirpes.

How the Surviving Spouse’s Share Works

The spouse’s share depends on whether there are children from another relationship. If every child belongs to both spouses and the surviving spouse has no other children, the spouse inherits everything, and the children receive nothing at that point.

Blended families are treated differently. If a husband dies leaving his wife and two children from his first marriage, his wife receives half of the estate, and each child receives one quarter.

When There Is No Spouse, Child, or Parent

If the person leaves no spouse, no children, and no living parents, Florida continues down this list until it finds a relative:

• Brothers and sisters: Including the children of a brother or sister who has died.
• Grandparents, aunts, and uncles: The estate is split, with half going to the father’s side and half to the mother’s side. Each half goes to the grandparents, or if they have died, to aunts, uncles, and their children. If one side has no living relatives, the other side receives everything.
• The family of a deceased spouse: If no blood relatives can be found, relatives of the person’s last spouse who died before them can inherit.
• The State of Florida: Only when no one on this list is alive. Even then, an heir who comes forward later can claim the money within 10 years.

Family Situations That Often Surprise People

Many families learn about these rules only after a death, when it is too late to change anything. These are the situations that cause the most confusion:

• Stepchildren: They do not inherit from a stepparent unless they were legally adopted, except in the rare case described above where no blood relatives can be found.
• Unmarried partners: A partner who was not legally married to the person inherits nothing, no matter how long they lived together. Florida does not recognize common-law marriages entered into after January 1, 1968.
• Children born outside marriage: They always inherit from their mother. They inherit from their father if the parents married, if a court established paternity, or if the father acknowledged paternity in writing.
• Adopted children: They inherit from their adoptive parents just like biological children.
• Half-brothers and half-sisters: When there are both full and half siblings, a half sibling generally receives half the share of a full sibling.
• Sons-in-law and daughters-in-law: They do not inherit from their spouse’s parents. If a daughter dies before her parents, her share of their estate passes to her own children, not to her husband.

What Happens to the Family Home

Florida has special rules for a homestead, meaning the home the person lived in as their permanent residence. Under Section 732.401, if the person leaves a spouse and children, the spouse receives the right to live in the home for the rest of their life, and the children become the owners after the spouse’s death. If there is a spouse but no children, or no spouse at all, the home passes with the rest of the estate in the order shown above.

The spouse can choose a different option instead: owning half of the home together with the children. That choice must be made within 6 months of the death; it is made by recording a notice in the county records, and once made, it cannot be undone.

Property That Does Not Pass Under Florida’s Intestacy Rules

Not everything a person owns goes through the order shown above. Some property passes directly to a named person, no matter who the legal heirs are:

• Joint accounts: Bank accounts owned jointly with a right of survivorship go to the surviving owner.
• Property owned by a married couple together: Property held by spouses as tenants by the entirety goes to the surviving spouse.
• Payable-on-death and transfer-on-death accounts: These go to the person named on the account.
• Life insurance and retirement accounts: These go to the beneficiaries listed on the policy or account.
• Property in a trust: This passes according to the trust’s own terms.

Because of these rules, two people with the same family can leave very different results behind. That is why it helps to look at how each asset is titled before assuming who inherits it.

What the Family Needs to Do Next

Even without a will, someone has to settle the estate, pay valid debts, and transfer property to the heirs. In most cases, the steps look like this:

• Confirm there is no will: Check papers at home, safe deposit boxes, and with any lawyer the person used.
• Decide who will serve as personal representative: Under Section 733.301, the court gives preference to the surviving spouse, then to a person chosen by most of the heirs, then to the closest heir.
• Open probate with an attorney: In most Florida probate cases, the personal representative must be represented by a lawyer.
• Ask whether summary administration applies: Since July 1, 2026, this shorter process is available for estates worth $150,000 or less, not counting certain exempt property, or when the person died more than two years ago, under Section 735.201.
• Notify creditors: Creditors generally have 3 months from the first published notice to file their claims.

Once the court appoints a personal representative, that person receives letters of administration, which give them authority to act for the estate. Our page on letters of testamentary and administration explains that step in more detail.

When Minor Children Inherit

Florida allows parents to manage a child’s inheritance without going to court only up to $15,000. Above that amount, a court-supervised guardianship of the child’s property is generally required, with yearly reporting to the court.

When the child turns 18, the money becomes theirs to use as they wish. A kids protection plan or trust can prevent both problems, and our guardianship attorneys can help when a court process is already needed.

How to Keep Florida’s Default Rules From Deciding for Your Family

Florida’s intestacy rules are a fallback, not a plan. A few steps can make sure your property goes where you want it to:

• Write a will: A last will and testament lets you choose who inherits and who manages your estate.
• Consider a trust: A trust can keep property out of probate and protect children’s inheritances.
• Check your beneficiary forms: Make sure life insurance and retirement accounts name the people you want.
• Plan for your home: Homestead rules limit what you can do with your home if you have a spouse or minor child, so plan for it carefully.
• Name a guardian for your children: Without one, a judge decides who raises them.

How Weldon Law Group Can Help

Losing a parent or spouse is hard enough without trying to sort out who inherits what. Clear guidance early on can prevent family conflict and costly mistakes during probate.

At Weldon Law Group, PLLC, our Jacksonville estate planning attorneys help families throughout Northeast Florida settle estates when there is no will and plan ahead so their own families never face that situation, in English and Spanish. Our services include:

• Identifying the legal heirs: Working out who inherits under Florida law, including in blended families.
• Probate administration: Handling letters of administration and the full probate process.
• Summary administration: Using the faster process when the estate qualifies.
• Homestead questions: Advising spouses on the life estate and the 6-month election.
• Family disputes: Representing heirs in probate litigation when disagreements arise.
• Wills and trusts: Creating an estate plan that keeps these decisions in your hands.

Contact Weldon Law Group today to schedule a free consultation.

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