If there is a surviving spouse (§ 732.102)
- No descendants: the spouse inherits everything.
- Descendants who are all also the spouse’s descendants, and the spouse has no children from any other relationship: the spouse inherits everything.
- The person who died had children from another relationship, or the surviving spouse has children from another relationship: the spouse inherits one-half, and the deceased person’s descendants share the other half.
Homestead is handled separately: the spouse generally receives a life estate in the homestead with the remainder to the descendants, or can elect a one-half interest as tenant in common (§ 732.401). See inherited homestead.
If there is no surviving spouse (§ 732.103)
The estate passes, in this order, to the first group that has anyone living:
- Descendants — children, and the children of any child who died first (grandchildren take their parent’s share).
- Parents.
- Siblings, and the descendants of deceased siblings (nieces and nephews).
- Grandparents, then aunts and uncles and their descendants — half to the paternal side, half to the maternal side.
- The family of the last deceased spouse, as if that spouse had died owning the property.
- In a narrow set of cases, descendants of the person’s great-grandparents; otherwise the property escheats to the State of Florida (§ 732.107).
Half-siblings do inherit, but when both full and half siblings survive, a half-sibling receives half the share of a full sibling (§ 732.105). Adopted children inherit from their adoptive parents, not their biological ones (§ 732.108). Stepchildren who were never adopted inherit nothing by intestacy — a painful surprise for many blended families.
Who becomes personal representative when there is no will?
Priority under § 733.301 goes to the surviving spouse, then to the person chosen by a majority in interest of the heirs, then to the heir nearest in degree. The personal representative must be a Florida resident or a close relative (§ 733.304) — an out-of-state friend can’t serve, but an out-of-state child can. If no one wants the job, the court can appoint a professional.
Short version: if you want the house sold, we pay for the probate and get the attorney working within 24 hours — call or text (727) 353-6206, or use the form.
How the house gets sold with no will
Exactly as it does with one, except that an order authorizing sale from the court is required (there is no will to grant a power of sale). The personal representative petitions for the order, the heirs get notice, and the sale closes. If the house was homestead, the heirs sign the deed after an order determining homestead. If the estate qualifies for summary administration — $150,000 or less, or a death more than two years ago — the court’s order puts the house in the heirs’ names and they sign.
Intestate estates are routine for us. The one thing we ask families to do early is write down everyone who might be an heir — including an estranged child, a child from a first marriage, or a half-sibling nobody talks about — because the court will require them to be named and notified, and finding them late is what delays these estates.
When the heirs aren’t known
Sometimes the person who died had no spouse, no children, no living parents or siblings anyone knows of — a neighbor finds the house empty and the county lists “no family came forward.” Florida’s order of succession still identifies heirs, often first cousins or more distant relatives, sometimes overseas. Someone has to find them. We do: see unclaimed estates in Florida.
Questions people ask
Does the wife get everything when the husband dies without a will in Florida?
If all of his children are also hers (or he had none), yes. If he had children from another relationship, she gets half and those children share the other half. The homestead passes under its own rule: a life estate to the spouse with the remainder to descendants, or an elected one-half interest.
Do stepchildren inherit in Florida without a will?
No — unless they were legally adopted. Intestate succession follows blood and adoptive relationships only.
Who inherits if there are no children and no spouse?
Parents, then siblings and their descendants, then grandparents and aunts/uncles and their descendants (split between the paternal and maternal sides), then relatives of the last deceased spouse. Only when none exist does the property escheat to the State of Florida.
How do I prove I’m the heir to a house in Florida?
Through probate. The petition lists the heirs and their relationships; the court’s order (summary) or the personal representative’s deed (formal) is the proof a title company accepts. Death certificates, birth certificates, and marriage records back it up; for distant heirs, an affidavit of heirship or a genealogist’s report may be needed.