Last updated: September 2026 | By Carol L. Grant, P.A., Pembroke Pines, Florida
When someone dies without a will in Florida, state law decides who the heirs are. The family lists every relative in a sworn Affidavit of Heirs, which Broward County requires in all intestate cases. The personal representative then serves each heir with a Notice of Administration. If there's doubt about who inherits, the court can decide.
Key Takeaways
- Florida's intestacy statutes, not the family, decide who the heirs are when there's no will.
- An Affidavit of Heirs lists every relative in each category, including relatives who have died. Write "None" or "Unknown" rather than leaving a blank.
- The Affidavit of Heirs doesn't transfer property on its own. A court order does.
- Heirs who receive the Notice of Administration have three months to object to venue or the court's jurisdiction.
- If an heir can't be found, the court can appoint someone to protect that heir's interest, and an unclaimed share goes to the court registry and later to the state.
When a parent, sibling, or spouse dies without a will, the first job is often figuring out who's actually in the family tree. That sounds simple until you hit a half-brother no one has talked to in years, or a cousin who moved out of state. At Carol L. Grant, P.A., we help families in Pembroke Pines and across Broward County work through this step before anything else in probate can move forward.
Who Counts as an Heir Under Florida Law?
An heir is anyone Florida law allows to inherit when there's no will, including the surviving spouse. The order starts with the spouse and children. Next come parents, then siblings, then grandparents and their families. Our page on Florida intestate succession walks through who gets what.
Under §732.103, each group inherits only if no one in the group before it survives. A few rules surprise families:
- Half-blood relatives. When the estate passes to siblings or other collateral relatives, half-siblings receive half as much as full siblings, unless all of them are half-blood (§732.105).
- Adopted children. An adopted child inherits from the adoptive family as if born into it, and generally not from the birth family (§732.108).
- Children born outside marriage. They always inherit from their mother. They inherit from their father if the parents married, a court established paternity, or the father acknowledged paternity in writing.
- Stepchildren. A stepchild isn't an heir unless legally adopted. The narrow exception applies only when the deceased person has no living relatives at all.
What Is an Affidavit of Heirs in Florida?
An Affidavit of Heirs is a sworn statement that lists every relative of the person who died, organized by category. It gives the probate judge a full family tree so the court can confirm who inherits under Florida law.
What the Affidavit Asks For
The form covers the spouse, children, grandchildren, parents, siblings, grandparents, aunts, uncles, and cousins. You list every relative in each category, even those who died before the decedent, along with their dates of death.
Blank spaces cause problems. If a category is empty, such as when the person was an only child, you write "None." If you don't know, you write "Unknown." You also note whether a sibling or other relative is a half-relative.
Broward, Miami-Dade, and Palm Beach Requirements
Broward County's probate court, the 17th Judicial Circuit, requires an Affidavit of Heirs in every intestate case, including both formal and summary administration. The circuit posts its form with its probate forms and local procedures.
Miami-Dade (the 11th Circuit) and Palm Beach (the 15th Circuit) publish their own Affidavit of Heirs forms. Each county's version asks for largely the same family details, but use the form for the county where the estate is filed.
What the Affidavit Can't Do
An Affidavit of Heirs doesn't transfer a house, a bank account, or any other asset. Florida doesn't treat it as a way to skip probate, the way some other states do. It supports the court case. The judge's order, whether in summary administration or formal administration, is what moves the property.
How Do You Find Every Heir in a Florida Estate?
You find every heir by building the family tree before anything is filed. Start with the people you know, then fill gaps with records. Most families can do much of this themselves:
- Start with close family. Ask the spouse, children, and siblings to list every relative they know of, including anyone who has died.
- Gather records. Death certificates, obituaries, marriage and divorce records, and birth certificates confirm names, dates, and relationships.
- Check for earlier marriages and children. A prior marriage or a child from another relationship is an easy gap to miss.
- Track down contact information. Current addresses matter, because each heir must receive legal notice.
- Mark what you can't confirm. Anything you can't verify goes on the affidavit as "Unknown" rather than a guess.
For harder cases, such as relatives overseas or a family line no one has kept up with, a professional genealogist or heir search firm can help. Some heir-finder companies also reach out to heirs on their own and ask for a percentage of the inheritance in return. Read any agreement closely before signing, and talk to the estate's attorney first.
How Are Heirs Notified in Florida Probate?
In formal administration, heirs get a Notice of Administration. The personal representative must serve it promptly on the surviving spouse and every known heir. Florida law treats heirs as the estate's beneficiaries when there's no will.
The Notice of Administration
Under §733.212, the notice tells heirs which court is handling the estate, who the personal representative is, and what deadlines apply. An heir who wants to object to venue or the court's jurisdiction has three months from being served to do so.
The notice also starts the clock for the spouse or children to claim exempt property, such as household goods and up to two cars. That petition is due within four months of service, in most cases.
When an Heir's Address Is Unknown
Some probate filings need formal notice. What if an heir can't be found after a real search? The rules then allow service the way other civil court papers are served, which can include a notice in the newspaper. The court decides if the search was good enough.
Heirs in Summary Administration
Summary administration has no personal representative and no Notice of Administration. Instead, the surviving spouse and heirs generally sign the petition themselves. Any heir who doesn't sign must receive formal notice of it. For estates that qualify, see our guide to Florida probate thresholds.
What Happens If an Heir Is Missing or Unknown?
A missing heir doesn't stop probate. But the court does take steps to protect that person's share. It can appoint a guardian ad litem to stand in for an heir who is a minor, or whose name or address is unknown.
If the estate is ready to close and an heir still can't be found, the personal representative doesn't keep the money or split it among the others. Under §733.816, the court orders the share deposited with the clerk. After public notice and a waiting period, the clerk sends it to the state. The heir or their descendants can still claim it through the court for up to 10 years.
If there are no living heirs at all, Florida law sends the estate to the state. This is called escheat, and it's rare, because Florida's list of heirs reaches out to grandparents' families and even the relatives of a prior spouse.
When Should You Ask the Court to Determine the Heirs?
Ask the court to decide the heirs when the family tree has real gaps. Think of a child no one can confirm, an unclear adoption, or relatives who can't be traced. Under §733.105, any interested person can petition the court to decide who inherits and in what shares.
The court's order also protects the personal representative. Payments made under that order are fully protected. No one can later claim the wrong person was paid. For many families, that peace of mind is worth the extra step.
If you're facing gaps in the family tree, Carol L. Grant, P.A. can review what you have and tell you whether a court determination makes sense. You can schedule a call with our probate team by phone or Zoom.
Helping Families With Intestate Estates Across South Florida
Carol L. Grant, P.A. handles probate and estate administration from our office at 1601 N. Flamingo Road in Pembroke Pines. We work with families throughout Broward, Miami-Dade, and Palm Beach counties, including Miramar, Cooper City, and Southwest Ranches.
Every county's probate court has its own forms and local rules for intestate estates. Our Pembroke Pines probate practice prepares the Affidavit of Heirs, notices, and petitions to match the circuit where the case is filed.
Frequently Asked Questions
Do I need an attorney to file an Affidavit of Heirs in Florida?
Florida doesn't require an attorney just to fill out an Affidavit of Heirs, and court websites post the form. But the affidavit is filed as part of a probate case, and formal administration generally requires an attorney under Florida's probate rules. Errors in the family tree can also delay the case or lead to the wrong people receiving property. Most families find it easier to have the attorney handling the estate prepare the affidavit with the rest of the filings.
Does an Affidavit of Heirs transfer a house in Florida?
No. In Florida, an Affidavit of Heirs is a sworn list of the deceased person's relatives that supports a probate case. It doesn't transfer title to a house or any other property. The transfer comes from a court order, either an order of summary administration or a distribution by the personal representative in formal administration. If the home is protected homestead, the court can also enter an order determining homestead status.
What if I don't know some relatives' names?
Write "Unknown" in that category of the Affidavit of Heirs rather than leaving it blank or guessing. Then keep looking through records, obituaries, and other family members. If a relative still can't be identified, the court can appoint a guardian ad litem to represent that person's interest. The court may also need to determine the heirs formally before any property is distributed. An unknown relative slows the case down, but it doesn't stop it.
Do half-siblings inherit in Florida?
Yes. When a Florida estate passes to siblings because there's no spouse, child, or parent, half-siblings inherit too. Under §732.105, a half-sibling receives half the share a full sibling receives. If every sibling is a half-sibling, they all take equal full shares. This rule only matters when the estate passes to brothers and sisters or other collateral relatives. Children of the deceased person inherit equally whether they're full or half siblings to each other.
Does a stepchild inherit if there's no will in Florida?
Usually not. A stepchild isn't an heir under Florida's intestacy statutes unless the stepparent legally adopted them. The only exception is rare: if the deceased person has no living relatives of any kind, the estate passes to the relatives of their last deceased spouse, which can include stepchildren. Stepparents who want to leave something to a stepchild need a will, trust, or beneficiary designation.
What happens to a missing heir's share?
A missing heir's share isn't split among the other heirs. When the estate is ready to close and the heir still can't be found, the court orders the share deposited with the clerk of court. After public notice and a six-month waiting period, the clerk sends the money to the state's Chief Financial Officer. The heir, or their descendants, can petition the court to claim it for up to 10 years after that deposit.
How long do heirs have to object after receiving the Notice of Administration?
Heirs have three months from the date they're served with the Notice of Administration to object to venue or the court's jurisdiction. That deadline can only be extended in narrow situations. A surviving spouse or children who want to claim exempt property, such as household furnishings or up to two cars, generally have four months from service to file that petition. Missing these deadlines can mean losing the right to raise the issue.
Who serves as personal representative when there's no will in Florida?
Under §733.301, the surviving spouse has first priority to serve as personal representative of an intestate estate. Next is the person chosen by a majority in interest of the heirs, then the heir nearest in degree of kinship. If several people apply, the court can pick the one best qualified. The person must also meet Florida's qualification rules for personal representatives, which an attorney can review before the petition is filed.
Talk Through Your Family's Situation
Identifying and notifying heirs is the foundation of every Florida intestate estate. Get the family tree right, file a complete Affidavit of Heirs, and serve every heir properly, and the rest of probate moves more smoothly.
If you're settling an estate without a will, Carol L. Grant, P.A. can help you sort out the family tree and handle the filings. We serve families from our Pembroke Pines office and by phone or Zoom across Broward, Miami-Dade, and Palm Beach counties. Schedule a call or reach us at (954) 404-8274.
This article provides general information about Florida probate law as of September 2026 and is not legal advice. Every family and estate is different.
