Dying without a will · Florida
What happens if you die without a will in Florida
Verified June 7, 2026
Who inherits in Florida
When someone dies intestate — without a valid will — Florida law sets a fixed order of who inherits. These are the common situations.
| If you are survived by… | Who inherits |
|---|---|
| Spouse only (no children or descendants) | Spouse inherits the entire intestate estate. |
| Spouse and children who are all also the spouse's children (and spouse has no other children) | Spouse inherits the entire intestate estate. |
| Spouse and children, at least one of whom is NOT the spouse's child — OR spouse has a child who is not your child | Spouse receives one-half of the intestate estate; the other half passes to your descendants. |
| Children but no spouse | Children inherit everything, in equal shares per stirpes. |
| No spouse and no children | Estate passes to your parents (equally, or the survivor); if none, to your brothers and sisters and their descendants; then to more remote kindred. |
Florida does not recognize community property. All probate assets owned in the decedent's name are subject to these intestate rules. The key variable is whether every surviving child is also a child of the surviving spouse — that single fact can determine whether the spouse takes all or only half of the estate.
If no heirs of any degree can be found, the estate escheats to the State of Florida. Many non-probate assets — jointly held property, accounts with named beneficiaries, and assets held in trust — pass outside these rules entirely.
The simplest way to avoid all of this
Intestate succession only takes over when there is no valid, findable will. A will lets you decide who inherits — and keeping it somewhere your family can actually reach is what makes sure your wishes, not the state's default, are the ones that get followed.
Legatus Vault keeps your will and the documents around it in one secure place and releases them to the people you name when the time comes — so your family is handed a clear path instead of an empty drawer.
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