What Happens If You Die Without a Will in Florida?

If you die without children in Florida, your surviving spouse inherits your entire estate. Your parents, siblings, and other relatives receive nothing. This is the simplest intestacy scenario, but it highlights why having a will matters—if you want to leave anything to parents, siblings, or charity, you must do so in a will or trust.

Blended families face different rules in Florida. When you have children who are not also children of your surviving spouse—whether from a previous marriage, prior relationship, or born before the current marriage—your spouse receives only half of your estate. The other half goes directly to your children. This protects children from being inadvertently disinherited by a step-parent who might otherwise inherit everything and leave nothing to them.

Florida requires heirs to survive you by 120 hours (5 days) to inherit. If an heir dies within this window, they're treated as having died before you, and their share passes to the next eligible heirs. This prevents the complication of assets passing through multiple estates when family members die close together—such as in an accident or during a shared illness. The 5-day period gives time for the situation to stabilize before determining who ultimately inherits.

Florida uses "per stirpes" distribution, meaning descendants step into their deceased ancestor's shoes. If one of your children dies before you, their children (your grandchildren) collectively inherit what their parent would have received. They split their parent's share among themselves, regardless of how many children your other surviving children have. This keeps family branches intact—each branch of the family tree receives the same total share, even if one branch has more descendants than another.

Florida's intestacy laws are codified in Fla. Stat. § 732.102. These statutes define exactly who inherits and in what proportions when someone dies without a valid will. The rules can change through legislative action, so anyone relying on intestacy should verify current law. More importantly, these default rules rarely match what people actually want—creating a will or trust lets you choose your beneficiaries rather than letting the state decide for you.