Dying without a Florida Will

Want to know who gets your property if you die without a Florida Will? This page offers a detailed explanation and examples interpreting the Florida intestacy statute.

The provisions which govern distribution of your assets if you end up dying without a Will in Florida are contained in chapter 732 of the probate code, intestate succession and wills.

The way your property passes under the statute depends on whether you are married, if you have children and also which members of your family survive you.

Married persons dying without a Will in Florida:

If you don’t have any descendants (children, grandchildren, great-grandchildren and so on) then your spouse receives your entire estate.

If you leave behind descendants and your spouse is the parent of all your children (or grandparent of all your grandchildren and so on) then your spouse receives the first $60,000 and half of the balance. Your children inherit the other half of the balance equally. If a child has died before you, then his/her children receive the child’s share equally.

If any child or grandchild is not your spouse’s, then your spouse receives one half of your estate. The other half is divided among your children and grandchildren as in the case above.

If you are not married or widowed and die without a Florida Will:

Your estate is divided equally among your children. If any of your children have predeceased (died before you), then that child’s children (your grandchildren) take the deceased child’s share equally. If a deceased child or grandchild did not leave behind any children, then his/her share is divided equally among your surviving children and descendants of other deceased children.

If you have no children, grandchildren or great-grandchildren who survive you, then your estate is divided equally between your parents or the survivor of them.

If no parent survives you, then your brothers and sisters (or their descendants if predeceased) inherit your estate.

If there are no surviving brothers, sisters or their descendants then your estate is divided into two halves. One half is inherited by your paternal grandparents or your paternal uncles and aunts or their descendants if you don’t have a paternal grandmother or paternal grandfather surviving. The other half is distributed to the maternal kindred in the same manner.

Failing all the above, your property goes to the kindred of your last deceased spouse.

Finally, if there are no heirs, your property escheats to the state of Florida.

Florida Intestacy Statute Examples

Here are some case studies to help understand what happens to person’s property dying without a Will in Florida:

    1. Florida intestacy example, wife died without a Florida Will, share of husband & children – April passed away without a Will. She had two children with her husband Derek. Her estate is worth $300,000. Who gets what? Derek gets $300,000 with April & Derek’s children get nothing (nil).
    2. No Florida Last Will – Intestate shares of wife, children and stepchild when husband dies intestate – Leon died leaving an estate of $300,000. He had no will. Leon had two children to his wife Lora, to whome he was married for 15 years. Leon also has a child from a former partner. Who gets what? Lora gets $150,000, Lora & Leon’s 2 children get $50,000 each, Lora’s child from former partner receives $50,000.
    3. Intestate estate passing to husband, children and husband’s child from former partner – Elsa died leaving $300,000 and no will. She has two children to her husband Ruben. Ruben also has a child from a former partner. Who gets what? Ruben gets $150,000, Ruben & Elsa’s children get $75,000 each and Ruben’s child from former partner receives nil (nothing).
    4. What happens when a widowed grandfather dies without a Florida Will? – Bob died without a will. His estate is worth $300,000. He had 3 children with his wife (predeceased). Two of their children had already died, leaving a granddaughter from one child and two grandsons from the other deceased child. Who gets what? Surviving child gets $100,000 (1/3), granddaughter (single child) gets $100,000 (1/3), Grandsons (brothers) get $50,000 each (share 1/3)

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