Who inherits if you die without a will in Florida?

Florida's intestacy statutes (Ch. 732) set the order: generally a surviving spouse inherits everything if all descendants are shared, or splits one-half with descendants in a blended family; with no spouse, assets pass to descendants, then parents, then siblings. Homestead has special rules. General information, not legal advice.

Does the State of Florida take your property if you die without a will?

Almost never. Property escheats to the state only as a last resort when no heirs can be found. The bigger issue is that you lose control over who inherits and who would raise your minor children.

Does a spouse automatically inherit everything in Florida?

Often, but not always. A surviving spouse generally inherits everything if all descendants are of both spouses; in a blended family the spouse generally takes half. Homestead and elective-share rules can change the outcome — a Florida attorney can explain.

How do I avoid intestacy in Florida?

Make a valid will, and consider a revocable living trust and beneficiary designations so your assets pass the way you choose. A Florida attorney can put the right plan in place for your situation.

Dying Without a Will in Florida (Intestacy)

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What “intestate” means

Dying “intestate” means dying without a valid will. Florida's intestacy statutes (Chapter 732) then set a fixed order of who inherits your probate assets — regardless of what you would have wanted. Assets that pass outside probate (a funded Trust, beneficiary designations, jointly held property) follow their own rules, not intestacy.

Who inherits under Florida law

Spouse, no descendants — the surviving spouse generally inherits everything (§732.102).
Spouse and shared descendants only — if all descendants are of both spouses, the surviving spouse generally inherits everything (§732.102).
Blended family — if either spouse has descendants who are not of the other, the surviving spouse generally takes one-half and the descendants share the other half (§732.102).
No surviving spouse — assets pass to descendants, then to parents, then to siblings, and outward along the family tree (§732.103).

Florida homestead and minor children

Florida homestead has its own constitutional descent and devise rules that can override the general intestacy scheme — especially when there is a surviving spouse or minor child (§732.401). And intestacy never lets you name a guardian for minor children or set conditions on what they receive. These are exactly the gaps a plan closes.

Does the state take everything?

Almost never. Property only “escheats” to the State of Florida as a last resort when no heirs at all can be found — which is rare. The real cost of dying intestate isn't the state taking your assets; it's losing control over who receives them, who raises your minor children, and how much delay and conflict your family faces.

Take back the decision

Intestacy is the plan the state writes when you don't write your own — and it rarely matches what people actually want. This page is general information, not legal advice. A free role check can point you to the right next step, and a Florida attorney can help you put a plan in place.