Who Inherits If There's No Will In Florida?

When someone dies without a valid will, they’ve died intestate, and Florida statute - not the family - decides who gets what. Chapter 732 of the Florida Statutes sets the order.

Here’s exactly how it works, and what happens specifically to the house.

The order of inheritance

If there’s a surviving spouse

This is where Florida surprises people, so read carefully. Under Fla. Stat. §732.102:

Situation	Who gets what
Spouse, no descendants	Spouse inherits everything
Spouse + descendants, all shared between them	Spouse inherits everything
Spouse + descendants, and the deceased had children from another relationship	Spouse gets half, descendants split the other half
Spouse + shared descendants, but the surviving spouse has children from another relationship	Spouse gets half, descendants split the other half

That last row catches a lot of blended families off guard. If either spouse has children from a prior relationship, the surviving spouse does not inherit everything - even if the deceased would have wanted that.

If there’s no surviving spouse

Under Fla. Stat. §732.103, the estate passes in this order:

1. Descendants - children, then grandchildren, per stirpes (each branch of the family takes the share its deceased ancestor would have taken)
2. Parents, equally, or the survivor
3. Siblings and the descendants of deceased siblings
4. Grandparents, then aunts and uncles and their descendants
5. Kin of the last deceased spouse, if none of the above exist
6. Escheat to the State of Florida - genuinely rare

“Descendants” includes legally adopted children. It generally does not include stepchildren who were never adopted - another common and painful surprise.

The homestead is treated differently

This is the most important Florida-specific rule, and it’s separate from everything above.

Florida’s constitution gives homestead property special protection. If the deceased is survived by a spouse or minor child, the homestead cannot be freely devised and passes under specific rules:

• If there’s a surviving spouse and descendants, the spouse historically took a life estate with the descendants holding the remainder. Since 2010, the surviving spouse can instead elect - within six months of the death - to take an undivided one-half interest as tenant in common with the descendants.
• If there’s a surviving spouse and no descendants, the spouse takes the homestead outright.

The practical effect: if a parent dies leaving a spouse and adult children from a prior marriage, the stepmother and the adult children may end up co-owning the house. Neither can sell without the other.

That six-month election deadline is easy to miss and hard to undo. If this is your situation, talk to a Florida probate attorney now, not later.

What this means for selling the house

Every heir with an ownership interest has to sign. If four siblings inherit equally, all four sign the deed. One holdout stops the sale.

If someone refuses, the others can file a partition action under Fla. Stat. Chapter 64. See can siblings force the sale of inherited property.

You still need probate. Intestacy determines who inherits; it doesn’t move title by itself. You’ll need summary or formal administration. See Florida summary administration.

Missing or unknown heirs stall everything. If a sibling hasn’t been heard from in fifteen years, the court may require a diligent search and possibly appointment of a guardian ad litem or an administrator ad litem. This adds months.

Assets that skip intestacy entirely

Intestacy only governs assets that pass through probate. These don’t:

• Property held jointly with right of survivorship or as tenancy by the entireties (spouses)
• Accounts with payable-on-death or transfer-on-death designations
• Life insurance and retirement accounts with named beneficiaries
• Assets in a living trust
• Property with a Lady Bird deed (enhanced life estate deed)

Check the deed and the account beneficiary designations before assuming the house is even in the estate. A surprising number of Florida homes are held in ways that bypass probate entirely.

What to do first

1. Find the deed. Pull it from the county property appraiser or clerk. How title is held may decide everything.
2. Check for a will anyway. Safe deposit boxes, attorney files, home files. If one exists it must be filed with the court within 10 days of learning of the death (Fla. Stat. §732.901).
3. Secure and insure the property. Vacancy voids most policies within 30–60 days. This is urgent.
4. List the heirs. Everyone in the statutory order, with contact information.
5. Talk to a probate attorney. Intestate estates with real property are where DIY goes wrong.
6. Keep the mortgage, taxes, and HOA current. None of them pause.

Frequently asked questions

Does the surviving spouse automatically get everything in Florida? Only if all of the deceased’s descendants are also the spouse’s descendants, and the spouse has no children from another relationship. Otherwise the spouse takes half.

Do stepchildren inherit in Florida? Not unless they were legally adopted.

What happens to the house if there’s no will? It passes under the intestacy statutes, subject to Florida’s separate homestead rules. Probate is still required to move title.

Can we just split the house between us informally? No. Title has to pass through probate. Informal agreements and quit claim deeds between heirs before probate don’t create insurable title.

What if we can’t find one of the heirs? The court generally requires a diligent search and may appoint someone to represent the missing heir’s interest. Expect delays.

How long does an intestate estate take in Florida? Same as any estate - 3 to 8 weeks for summary administration, 8 to 12 months for formal. Missing heirs or disputes extend it.

Does Florida have an inheritance tax? No. No state estate tax and no state inheritance tax.

---

General information about Florida law, not legal advice. Intestate succession and homestead rules are fact-specific, and the six-month homestead election deadline is unforgiving. Consult a Florida probate attorney.

Beach Bums Real Estate buys inherited houses for cash in Orlando and Central Florida, including estates with multiple heirs. Call (689) 249-4888.