When someone dies in Florida without a valid will, state law determines who inherits. Florida's intestate succession rules, set out in Florida Statutes Chapter 732, establish a fixed priority list of heirs. This guide covers key points for families and personal representatives to be aware of, including: who inherits and in what order, how homestead rules apply, how the probate process works, tax matters, and more.
Key Takeaways
- Florida intestate succession follows a fixed priority order under Florida Statutes §§ 732.102 and 732.103.
- Florida has no state inheritance or estate tax.
- A surviving spouse does not always inherit the entire estate. When the decedent had children from a prior relationship, the estate splits equally between the spouse and those descendants.
- Florida's homestead rules can override the standard intestate succession order.
- Florida offers two probate paths: summary administration for estates with probate assets of $75,000 or less (or where the decedent died more than two years ago), and formal administration for all others.
- Elayne helps families settling a Florida intestate estate organize estate records, search for assets across 100-plus financial sources, and coordinate tasks amongst heirs, co-executors, and attorneys in one shared dashboard.
What Florida Intestate Succession Is and When It Applies
When someone dies in Florida without a valid will, state law steps in to decide who inherits. That process is called intestate succession, and it follows a fixed order set out in Florida Statutes Chapter 732. The same rules apply when a will exists but a court finds it invalid.
Florida's intestacy rules apply only to probate assets held solely in the decedent's name with no beneficiary or survivorship designation. Accounts with named beneficiaries, jointly held property with survivorship rights, and assets exempt from probate in Florida pass outside of probate entirely.
Non-probate assets include:
- Accounts with a payable-on-death (POD) or transfer-on-death (TOD) designation
- Life insurance policies with a named beneficiary
- Jointly held property with survivorship rights, or held as tenants by the entireties
- Retirement accounts such as IRAs and 401(k)s with a named beneficiary
- Assets held in a revocable living trust
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The Florida Intestate Succession Order: Who Inherits and in What Sequence
Florida's intestate succession order is set by Florida Statutes §§ 732.102 and 732.103.
| Priority | Heir | Inherits |
|---|---|---|
| 1 | Surviving spouse (no descendants) | Entire estate |
| 2 | Surviving spouse + shared descendants only | Entire estate |
| 3 | Surviving spouse + decedent's descendants from prior relationship | Half the estate |
| 4 | Descendants (no spouse) | Entire estate, split per stirpes |
| 5 | Parents | Entire estate, equally |
| 6 | Siblings (and their descendants) | Entire estate, per stirpes |
| 7 | Grandparents | Half to each side |
| 8 | More distant relatives | As determined by Florida law |
| 9 | No heirs found | Escheats to the state |
What the Probate Process Looks Like in a Florida Intestate Estate
Once the succession order is clear, the estate still has to move through the court system before distributions are made to heirs. The probate process is how the state of Florida supervises that transfer. In an intestate estate, there is no will to validate, but the court still appoints a personal representative, oversees the payment of debts, and confirms the final distribution to heirs.
Appointment of the personal representative
In a testate estate, the will names an executor. In an intestate estate, no such appointment exists, so the probate court makes it. Florida Statutes § 733.301 sets a priority order for who the court considers first. The surviving spouse has first priority. If there is no surviving spouse, the heirs who stand to inherit the largest share of the estate can nominate a personal representative, and a majority interest can agree on one candidate.
The personal representative must be at least 18 years old, mentally and physically capable of serving, and either a Florida resident or a close family member of the decedent (such as a spouse, child, sibling, or parent) who lives outside Florida. Once the court approves the appointment, it issues Letters of Administration, which is the legal document that gives the personal representative authority to act on behalf of the estate.
Inventorying the estate
One of the personal representative's legal duties is to prepare a formal inventory of the estate's probate assets. Florida law requires this inventory to be filed with the court within 60 days of the appointment, though extensions are available. The inventory lists each probate asset along with its fair market value as of the date of death. Real property, bank accounts, vehicles, and any other assets titled solely in the decedent's name go on the list. Non-probate assets, including accounts with named beneficiaries and jointly held property with survivorship rights, are not included because they pass outside the probate estate.
Notifying and paying creditors
Before heirs receive distributions, the estate must satisfy valid debts. The personal representative is required to publish a Notice to Creditors in a newspaper of general circulation in the county where the probate case is filed. This notice runs once a week for two consecutive weeks. Once published, creditors have 90 days from the date of first publication (or 30 days from the date they received direct notice, whichever is later) to file a claim against the estate.
Not all debts are treated equally. Florida law sets a specific order of priority for paying claims. Costs of administering the estate (court fees, attorney fees, and the personal representative's compensation) come first. Funeral expenses come next. Then come federal and state taxes, medical expenses from the last 60 days of the decedent's life, and finally general creditor claims.
Creditor claims that are filed late are generally barred. A creditor who misses the deadline may lose the right to collect from the estate, though the exact outcome depends on the circumstances and Florida court practice. Once the creditor claim period closes and valid claims are resolved, the personal representative can move toward distributing what remains.
Distributing the estate to heirs
After creditors are paid, the personal representative distributes the net estate to the heirs according to Florida's intestate succession statutes. The court reviews a petition for discharge before formally closing the case. In a formal administration, the personal representative files a final accounting that shows every receipt, disbursement, and proposed distribution. Heirs have an opportunity to review and object before the court approves the plan.
If the estate qualifies for summary administration (probate assets of $75,000 or less, or the decedent having passed more than two years before the petition is filed), the process is shorter. There is no personal representative appointment. Instead, any interested party can file a petition for summary administration directly, and the court issues an order of distribution without the full creditor-notice and accounting process that formal administration requires.
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How Elayne Helps Families Settling a Florida Intestate Estate
Elayne's Verified Asset Search™ searches across 100-plus financial sources, including financial institutions, life insurance registries, and state unclaimed property databases, to surface accounts and assets that might otherwise go unnoticed. Florida intestate estates can involve working with multiple parties, including: a court-appointed personal representative, heirs, co-administrators, and an estate attorney. Elayne gives everyone involved a shared dashboard. The personal representative can upload documents, track what has been collected, and see what still needs attention. Every document and record is stored in an encrypted vault, with role-based access for each person involved in the process.
FAQ
How does estate settlement work in Florida when there's no will?
When someone dies in Florida without a will, the probate court appoints a personal representative and distributes the estate according to Florida's intestate succession statute, Florida Statutes §§ 732.102 and 732.103. The court works through a fixed priority list (surviving spouse first, then descendants, then parents, siblings, and more distant relatives) paying valid creditor claims before any distribution reaches heirs. Only assets titled solely in the decedent's name with no beneficiary or survivorship designation go through this process; accounts with named beneficiaries, jointly held property, and trust assets pass outside probate entirely.
How does Florida's homestead rule affect intestate inheritance?
Florida's homestead law adds a layer on top of the standard intestate succession order. If the decedent was survived by both a spouse and descendants, the surviving spouse does not automatically inherit the homestead outright. Instead, the spouse receives a life estate in the homestead property and the descendants receive the remainder interest. The spouse may elect to take a one-half interest as a tenant in common instead of the life estate. This rule applies whether or not there is a will.
What happens if there are no living relatives and no will in Florida?
If the probate court cannot identify any living heirs after searching through all the priority levels in Florida Statutes § 732.103, the estate escheats to the state of Florida. In practice, this means the state government takes ownership of the remaining probate assets. Florida law requires the court to make a diligent search for heirs before any escheat occurs.
Is there an inheritance tax or estate tax in Florida?
No. Florida does not impose a state inheritance tax or a state estate tax. However, an estate may still be subject to the federal estate tax. For 2026, the federal estate tax exemption is $15 million per individual.
*Disclaimer: This article is for informational purposes only and does not provide legal, medical, financial, or tax advice. Please consult with a licensed professional to address your specific situation.
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