Dying Without a Will in Florida: How Intestate Succession Works
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When someone dies without a valid will in Florida, the law still decides who inherits, it's called intestate succession, and it's set out in Florida Statutes Chapter 732. The result isn't random. Florida follows a fixed order of priority based on family relationships, and it doesn't always match what the person would have wanted, especially for blended families, unmarried couples, or anyone with stepchildren they never formally adopted. For families in Pembroke Pines and throughout Broward County settling an estate this way, understanding that order is the first step toward moving the process forward.
An estate can also be partly intestate. If a will exists but doesn't address every asset, or if it's later found to be invalid, the assets it doesn't cover pass under the same intestate succession rules described here.
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Florida Intestate Succession: Who Inherits What
Florida's intestate succession law works through a set order. Where an estate lands depends on which family members survive the decedent:
- Spouse only, no children: the surviving spouse inherits the entire estate.
- Spouse and children who are shared by both: the surviving spouse inherits the entire estate.
- Spouse and children from outside that marriage: the spouse inherits half; the decedent's descendants inherit the other half.
- Children only, no surviving spouse: the children inherit the entire estate in equal shares.
- No spouse or children: surviving parents inherit, split equally.
- No spouse, children, or parents: surviving siblings inherit, split equally.
- No surviving relatives at all: the estate goes to the State of Florida, a rare outcome called escheat.
When a child has already passed away but left children of their own, those grandchildren split their parent's share equally. Florida calls this per stirpes distribution, each branch of the family gets the share its own line would have received, rather than every grandchild getting an identical cut regardless of which parent they descend from. For example, if a decedent had two children, one living and one who passed away leaving three children of their own, the living child would inherit half the estate, and the three grandchildren would divide the other half among themselves.
Two Rules That Surprise People
Two parts of Florida's intestacy law catch families off guard more than any others.
Unmarried partners inherit nothing automatically. Florida has not recognized new common-law marriages since 1968, so a long-term partner who was never legally married to the decedent has no automatic right to any part of an intestate estate, no matter how many years the relationship lasted or how the couple presented themselves to family and friends.
Stepchildren don't inherit automatically either. Unless a stepchild was legally adopted by the decedent, Florida's intestacy law treats them the same as any other unrelated person: no automatic share, regardless of how the family functioned day to day.
Both situations are entirely preventable with a will or other estate planning. But once someone has already passed away without one, the outcome follows the statute, not the family's understanding of how things were supposed to go. This is often the moment families realize how much a simple will would have mattered.
How Homestead Property Fits In
Homestead property follows its own rules under the Florida Constitution, separate from the rest of an intestate estate. If the decedent is survived by a spouse or minor child, the homestead generally passes to them outside the normal creditor process that applies to other probate assets, though a probate filing is often still needed to formally document the transfer. Whether the surviving spouse receives the home outright or only a life estate in it depends on the family situation, specifically, whether there are also surviving children from outside that marriage. This is worth reviewing individually rather than assuming either outcome. Our Homestead Law page (internal link) covers this in more detail.
Settling an intestate estate follows Florida's standard probate framework, with a few extra steps built in to establish who the legal heirs actually are:
- A petition for administration is filed with the Broward County Probate Court.
- The court appoints a personal representative, following Florida's priority order: the surviving spouse first, then a person selected by a majority of the heirs, then the heir living closest to the estate.
- Heirs are formally identified and notified, which can take longer than in a testate estate if the family tree isn't straightforward or if relatives have lost touch with each other.
- Creditors are notified and given the opportunity to file claims against the estate.
- Once claims and expenses are resolved, remaining assets are distributed according to the succession order described above.
Depending on the estate's value and makeup, this may proceed as formal administration or, for smaller estates, Florida's summary administration process. Intestate estates typically move more slowly than estates with a will already in place, mainly because identifying and locating every legal heir takes real time, especially when family members live out of state or the family structure includes more than one marriage.
Common Challenges in Intestate Estates
A few issues come up more often in intestate administration than in estates where a will already names an executor and beneficiaries:
- Identifying every legal heir, including relatives the personal representative may not have known existed
- Locating heirs who have lost touch with the family or moved out of state
- Disagreement among family members about what "should" happen, versus what the statute actually provides
- Sorting out which assets are even subject to probate, versus those that already passed outside it through a beneficiary designation or joint ownership
None of these are unusual, and none of them mean the process has gone wrong. They're simply the extra groundwork an intestate estate requires before distribution can happen.
Can Intestate Probate Be Avoided?
The estate itself, once someone has already passed away without a will, has to go through whatever process Florida law requires, that part isn't optional at that point. But intestacy itself is entirely avoidable going forward. A will, a funded revocable trust, and current beneficiary designations all let a person control who inherits, rather than leaving it to the statutory order described above. Our Probate Avoidance Strategies page (internal link) covers these tools in more depth, and it's often the first thing we discuss with clients who come to us after handling an intestate estate for a family member.
How We Help
Carol L. Grant, P.A. guides Pembroke Pines and Broward County families through intestate probate from the initial petition through final distribution, identifying heirs, handling the court filings, working with creditors, and making sure assets move to the right people under Florida law. We also talk with clients, where it's relevant, about what a simple will or trust could have changed, for anyone in the family who is now thinking more seriously about their own estate plan.
If you're settling an estate for a family member who died without a will, you don't have to sort out Florida's intestacy rules on your own. Call (954) 404-8274 or request a consultation to talk through your family's situation and the next steps.
Areas We Serve
Carol L. Grant, P.A. serves families throughout Broward, Miami-Dade, and Palm Beach Counties. We regularly assist clients in Pembroke Pines, Miramar, Cooper City, Southwest Ranches, Fort Lauderdale, Miami, Davie, Weston, and Hollywood, along with West Palm Beach and Boca Raton in Palm Beach County. Whether you live in South Florida or you're handling Florida probate for a loved one who lived elsewhere, we can help.