FL risk area

Intestacy risk in Florida

How assets are distributed when there is no will and state default rules control the outcome.

Florida intestacy gives the surviving spouse all or half of the estate depending on descendants and whether they are also the spouse's descendants.

Who inherits first if there is no will?How do spouse and children shares change by scenario?What are the most common surprises families face?

At a glance

Key takeaways

If there are no surviving descendants, the spouse receives the entire intestate estate.
If all descendants are also the spouse's and the spouse has no other descendants, the spouse receives the entire estate.
If any descendant is not the spouse's, the spouse receives one-half of the intestate estate.
Any remaining estate passes to descendants, then parents, then siblings and their descendants, in statutory order.

Questions to consider

State overview

Florida intestacy gives the surviving spouse all or half of the estate depending on descendants and whether they are also the spouse's descendants.

If there are no surviving descendants, the spouse receives the entire intestate estate.
If all descendants are also the spouse's and the spouse has no other descendants, the spouse receives the entire estate.
If any descendant is not the spouse's, the spouse receives one-half of the intestate estate.
Any remaining estate passes to descendants, then parents, then siblings and their descendants, in statutory order.
Adopted children generally inherit through the adoptive family, with limited exceptions for stepparent or relative adoptions.

Sources

Risk sources

Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.

National sources provide baseline context; state statutes and court rules control in Florida.