When someone dies without a valid Last Will & Testament, the people left behind are often facing painful questions at an already difficult time. Who inherits the estate? Does a spouse receive everything? What rights do children have? Who is responsible for handling probate?
In Florida, these questions are answered through intestate succession laws. “Intestate” simply means the person died without a valid Will. Instead of following written instructions from the deceased, Florida law determines who inherits probate assets and how they’re divided, based on the person’s family circumstances: whether they were married or had children, and if not, who are their heirs at law.
Understanding how intestate succession works can help surviving family members know what to expect from the probate process during a time that’s already hard enough.
What Does It Mean to Die “Intestate”?
A person dies intestate when they pass away without a legally valid Will. This can happen when:
- The person never created a Will
- A Will was created but is later found to be invalid
- The original Will can’t be located and a copy cannot be proved
- The Will doesn’t dispose of all probate assets
When there’s no valid Will, Florida’s intestate succession laws determine who receives the estate. These laws apply only to assets that pass through probate. Property with a valid beneficiary designation, jointly owned property with rights of survivorship, and assets held in a properly funded trust generally follow different rules.
What Property Actually Goes Through Probate?
Not everything a deceased person owns becomes part of the probate estate. Probate assets typically include property titled solely in the deceased person’s name, with no beneficiary or other automatic method of transfer, such as:
- A home titled solely in the deceased person’s name
- Bank accounts without payable on death beneficiaries
- Vehicles titled only in the deceased person’s name
- Personal property
- Certain investment accounts
- Individually owned business interests
Other assets typically transfer outside probate entirely, including:
- Life insurance proceeds paid to a named beneficiary
- Retirement accounts with designated beneficiaries
- Joint bank accounts with survivorship rights
- Real estate owned jointly with rights of survivorship
- Assets held in a properly funded trust
Figuring out which assets are actually subject to probate is an important first step, since Florida’s intestate succession laws apply to the probate estate, not to everything the person owned.
Who Inherits if the Deceased Person Was Married?
The surviving spouse’s share depends heavily on the family’s specific circumstances.
No descendants. If the deceased person was married with no children or other descendants, the surviving spouse generally inherits the entire intestate estate.
All children shared with the surviving spouse. If the deceased person and surviving spouse had children together, and the surviving spouse has no children from another relationship, the surviving spouse generally inherits the entire intestate estate.
Deceased has children from another relationship. If the deceased person had children who are not also the surviving spouse’s children, the surviving spouse generally receives one half of the intestate estate, while the deceased person’s descendants receive the other half.
Surviving spouse has children from another relationship. If the deceased person and surviving spouse had children together, but the surviving spouse also has children from a different relationship, the surviving spouse generally receives one half of the intestate estate, with the deceased person’s descendants inheriting the remaining half.
What Happens if There Is No Surviving Spouse?
If the deceased person wasn’t married at the time of death, Florida law generally looks to their descendants. Children typically inherit the estate in equal shares.
If a child died before the deceased person but left children of their own, those grandchildren will likely inherit the share that would have gone to their parent. For example, if a person had two children and one predeceased them, the surviving child and the deceased child’s descendants will each receive a share under Florida law. The exact split depends on the family structure and the applicable succession rules.
What if There Was No Spouse and No Children?
When there’s no surviving spouse or descendants, Florida law follows a specific order of inheritance. The estate may pass to:
- The deceased person’s parents
- The deceased person’s siblings and the descendants of any deceased siblings
- Other relatives identified under Florida’s intestate succession laws
This order gets more complicated the further it has to reach. Estates involving extended family members often require a careful review of the family tree alongside the applicable probate laws.
Do Unmarried Partners Inherit Under Florida Law?
Generally, no. Florida’s intestate succession laws don’t automatically provide inheritance rights to an unmarried romantic partner, even if the couple lived together for many years, shared finances, and considered themselves family in every practical sense.
Without a Will, trust, or beneficiary designation, the law simply doesn’t recognize that relationship for inheritance purposes.
This is one of the main reasons that estate planning matters for unmarried couples specifically. A valid Will, trust, or beneficiary designation is the only way to make sure a partner is provided for.
Do Stepchildren Inherit Automatically?
In most cases, no, unless they were legally adopted by the deceased person. A close, lifelong relationship doesn’t create inheritance rights under Florida’s intestate laws on its own. Someone may have raised a stepchild for decades and considered them family in every meaningful sense, but without a legal adoption or an estate plan naming them, that stepchild may not receive any share of the probate estate.
What About the Family Home?
Florida homestead property follows its own set of rules, separate from how other probate assets are handled. How a homestead passes after death depends on factors like:
- Whether the deceased person was married
- Whether they had minor children
- How the property was titled
- Whether the property actually qualified as homestead
When a homeowner dies intestate and is survived by a spouse and one or more descendants, Florida law generally gives the surviving spouse a life estate in the homestead, with the remainder passing to the descendants.
Florida law also gives the surviving spouse the option to elect an undivided one-half interest in the home as a tenant in common instead of the life estate. This election has to be made within six months of the death and cannot be extended, so it’s a decision that needs to happen quickly.
Because homestead rules are this specific and time-sensitive, families should review the property’s ownership and probate implications before selling, transferring, or otherwise making decisions about it.
Who Handles the Estate if There Is No Will?
A Will often names a personal representative to administer the estate. When there’s no Will, the probate court appoints someone qualified to serve in that role, following Florida’s statutory order of preference. Depending on the circumstances, the court may appoint:
- The surviving spouse
- A person selected by a majority of the heirs
- Another qualified individual
The personal representative administers the estate under court supervision. Their responsibilities generally include:
- Identifying probate assets
- Providing required notices
- Addressing valid creditor claims
- Managing estate property
- Filing required documents
- Distributing assets to the appropriate heirs
Importantly, the personal representative doesn’t decide who inherits. Florida law already determines the heirs and their shares when there’s no valid Will. The representative’s job is to carry that out, not to interpret it.
How Farshchian Law Can Help
When someone dies without a Will, surviving family members often need guidance on what happens next, and they need it delivered clearly, without unnecessary complication. At Farshchian Law, we help Florida families navigate probate, estate administration, and real estate matters after the loss of a loved one.
Contact Farshchian Law at 1-855-513-5880 or email us via our Secure Contact Form. We provide real estate, estate planning, probate, and closing/title services throughout the State of Florida.