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Florida Intestate Succession: Who Inherits Without a Will

If you die without a will, Fla. Stat. § 732.102 sets the spouse's share: the spouse takes the entire estate if there are no descendants, or if all descendants are shared and the spouse has no others; the spouse takes one-half if there are non-shared descendants on either side. The rest passes to descendants, then parents, then siblings (§ 732.103). A surviving spouse may instead claim the elective share — 30% of the elective estate (§ 732.2065).

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Talk to a Florida attorney about how these rules apply to your situation.

When someone dies without a will, Florida’s intestate succession statutes decide who inherits — not the family. The estate still goes through probate; the difference is that the statute, rather than a will, sets the shares.

The surviving spouse’s share

Under Fla. Stat. § 732.102, a surviving spouse takes the entire intestate estate if:

  • there are no descendants; or
  • all of the decedent’s descendants are also the spouse’s, and the spouse has no other descendants.

The spouse takes one-half if:

  • the decedent has descendants who are not the spouse’s; or
  • the spouse has other descendants of their own.

Everyone else

Whatever the spouse doesn’t take (or the whole estate if there’s no spouse) passes to the decedent’s descendants, then to parents, then to siblings, and on down the family line (Fla. Stat. § 732.103).

The elective share

Even when there is a will, a surviving spouse can choose not to be left out. Instead of taking under the will or intestacy, the spouse may claim the elective share — 30% of the elective estate (Fla. Stat. § 732.2065). Confirm current: verify the 30% figure before relying on it.

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Frequently asked questions

What does a surviving spouse inherit in Florida without a will?
Under Fla. Stat. § 732.102, the spouse takes the entire estate if there are no descendants, or if all the decedent's descendants are also the spouse's and the spouse has no other descendants. The spouse takes one-half if the decedent has descendants who aren't the spouse's, or the spouse has other descendants.
Who inherits if there's no spouse or will?
The estate passes to the decedent's descendants, then to parents, then to siblings, and on down the family line (Fla. Stat. § 732.103).
What is the Florida elective share?
Instead of taking under a will or intestacy, a surviving spouse may claim the elective share — 30% of the elective estate (Fla. Stat. § 732.2065). The 30% figure should be confirmed as current.

Sources

Related guides

  • Avoiding Probate in Florida In Florida, assets that pass outside probate include jointly held property with right of survivorship or tenancy by the entireties, beneficiary designations, payable-on-death and transfer-on-death accounts, and a funded revocable trust (ch. 736). Homestead generally passes outside the probate estate and is constitutionally protected from most creditors, though devise is restricted when there's a surviving spouse or minor child (§ 732.4015).
  • Florida Advance Directives: Health Care Surrogate & Living Will Under chapter 765, a Florida health care surrogate designation (§ 765.202) must be written and signed before two adult witnesses (at least one not the spouse or a blood relative; the surrogate can't be a witness). The principal may let the surrogate act immediately. A living will (§ 765.302) has the same two-witness requirement.
  • Florida Power of Attorney: Durable, Witnessed & Effective Now Under the Florida Power of Attorney Act (ch. 709), a POA is 'durable' (survives incapacity) only if it contains the statutory durability language (§ 709.2104). It must be signed by the principal, by two subscribing witnesses, and acknowledged before a notary (§ 709.2105). Florida no longer allows 'springing' POAs executed on or after Oct. 1, 2011 — a POA is exercisable when signed (§ 709.2108).
  • Florida Wills: Requirements & How They Work A valid Florida will must be in writing, signed by the testator at the end, and signed by at least two witnesses in the presence of the testator and each other (Fla. Stat. § 732.502). Florida does not recognize holographic (unwitnessed handwritten) or oral wills. A self-proving affidavit can avoid witness testimony at probate (§ 732.503).
  • Revocable Living Trusts in Florida Revocable living trusts in Florida are governed by the Florida Trust Code (ch. 736). A funded revocable trust lets assets pass outside probate. The testamentary provisions of a revocable trust by a Florida settlor must be executed with the same formalities as a will — including two witnesses — to be valid (Fla. Stat. § 736.0403).

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