What Happens If You Die Without a Will in Florida?
Without a will in Florida, a surviving spouse takes the entire estateFla. Stat. § 732.102Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesFla. Stat. § 732.104Verified Sep 10, 2026View source.
Florida intestacy law decides. Florida follows separate property rulesFla. Stat. § 732.102Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Brothers and sisters and their descendants; Grandparents (paternal and maternal halves); Uncles and aunts and their descendants; Whole estate to the surviving side; Kindred of your last deceased spouse; Escheat to the State of FloridaFla. Stat. § 732.102Verified Sep 10, 2026View source.
The surviving spouse's share in Florida depends on the family. With no children: Entire estateFla. Stat. § 732.102Verified Sep 10, 2026View source. With shared children: If all descendants are shared AND spouse has no other descendants: entire estate. Otherwise: 1/2 of the estateFla. Stat. § 732.102Verified Sep 10, 2026View source. When a child from a prior relationship survives: Half of the estateFla. Stat. § 732.102Verified Sep 10, 2026View source.
Florida divides per stirpesFla. Stat. § 732.104Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.
Under Florida intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A stepchild can inherit in Florida through the tier just ahead of escheat: if no kindred of either the paternal or the maternal part survive, the whole of the property goes to the kindred of your last deceased spouse — which reaches a stepchild who is a descendant of that spouse — as if that spouse had survived you and then died intestate entitled to the estateFla. Stat. § 732.103(5)Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Florida will signing requirements set out what a valid will takes.
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Inheritance
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Divorce
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Learn moreForms for Planning and Settling an Estate in Florida
Free Florida forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Notice to Creditors
In Florida, the notice to creditors is published for 2Fla. Stat. §§ 733.2121, 733.702 (later of 3 months from first publication or 30 days from service on a served creditor), 733.703, 733.705, 733.707, 733.710Verified Oct 18, 2026View source weeks in a local newspaper, and creditors have 3 monthsFla. Stat. § 733.702Verified Sep 8, 2026View source from first publication to present claims.
Renunciation of Executor
In Florida, a person named as personal representative may renounce the right to serveFla. Stat. § 733.301(1)(a), (4); Fla. Prob. R. 5.201(b); Fla. Stat. § 731.302Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In Florida, the personal representative files the estate inventory within 60 daysFla. Prob. R. 5.340; Fla. Stat. § 733.604Verified Sep 15, 2026View source of appointment.
Estate Closing
In Florida, the personal representative is discharged by court orderFla. Prob. R. 5.400(e); Fla. Stat. § 733.901Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Florida, a will is signed before 2Fla. Stat. § 732.502Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyFla. Stat. § 732.502Verified Oct 18, 2026View source.
Healthcare Power of Attorney
Florida requires 2Fla. Stat. § 765.203Verified Oct 15, 2026View source witnesses for a healthcare power of attorney; notarization is not requiredFla. Stat. § 765.203Verified Oct 15, 2026View source.
Financial Power of Attorney
Florida requires explicit durability language for a power of attorney to survive incapacityFla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source, and it is signed before 2Fla. Stat. §§ 709.2101, 709.2104, 709.2105, 709.2106, 709.2108, 709.2109, 709.2113, 709.2119, 709.2120, 709.2201, 709.2202, 709.2208, 709.2209 (2024 supported decisionmaking — informational only, not a POA); § 695.01 (recording); § 695.03 (alternative acknowledgment methods referenced by § 709.2105(2))Verified Sep 18, 2026View source witnesses and a notary.
Tools for Planning and Settling an Estate in Florida
Free calculators and checklists for planning or settling an estate in Florida: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source. Attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source.
What Are the Burial and Cremation Laws in My State?
Florida allows you to name your own agent in advanceF.S. § 497.005(43)(a)1.Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Florida levies no estate or inheritance taxNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; only the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
Florida imposes no inheritance or estate taxNo state estate or inheritance tax. Fla. Const. Art. VII, § 5(a) caps any Florida estate or inheritance tax at the federal credit amount; the Chapter 198 estate tax (Fla. Stat. § 198.02) is a federal-credit pickup — not repealed, but $0 since EGTRRA eliminated the federal state death tax credit, and the Florida Department of Revenue confirms the estate tax was eliminated for people who died after Dec. 31, 2004. Florida has no inheritance tax and no gift tax.Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Florida take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces no state capital gains taxFla. Const. Art. VII, § 5(a) — "No tax upon estates or inheritances or upon the income of natural persons who are residents or citizens of the state shall be levied by the state"Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Florida costs an estimated $30,600Fla. Stat. § 733.6171Verified Sep 8, 2026View source and takes 6 months to 9 months for a simple estate, with attorney fees on a statutory schedule presumed reasonableFla. Stat. § 733.6171Verified Sep 8, 2026View source. Estates under $150,000 can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Florida sets executor compensation on a statutory schedule that is presumed reasonable — about $15,000 on a $500,000 estate, roughly 3.0%Fla. Stat. § 733.617Verified Sep 8, 2026View source.
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In-depth guides covering Florida probate laws, trust requirements, and estate planning strategies.