Can stepchildren or domestic partners inherit without a will in Florida?

Under Florida intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute (Fla. Stat. § 732.102). Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners.

What Happens If You Die Without a Will in Florida?

Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state’s intestate succession laws.

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This calculator provides general information about intestate succession and is not legal advice. Intestacy laws vary by state and situation. Consult a licensed attorney in your state for guidance specific to your family.Data verified 2026-07-15

Frequently Asked Questions

Florida intestacy laws determine who inherits when there is no will. Florida follows separate property rules. The surviving spouse's share depends on whether children survive and their relationship to the spouse. The order of priority is: surviving spouse, children, parents, siblings, then more distant relatives.

The surviving spouse's share in Florida depends on family structure. With no children: Entire estate. With shared children: If all descendants are shared AND spouse has no other descendants: entire estate. Otherwise: 1/2 of the estate.. When children from a prior relationship survive: Half of the estate.

Florida uses the "per stirpes" distribution method. Under this method, each branch of the family receives an equal share, and a deceased child's portion passes to their own descendants. Per stirpes

Under Florida intestacy law, stepchildren and unmarried partners do not inherit unless legally adopted or otherwise recognized by statute. Only legally recognized spouses and blood or adopted relatives are included in the intestate succession order. A will or trust is the only way to provide for stepchildren or unmarried partners. The Florida will signing requirements page outlines what is needed to execute a valid will.

Probate costs in Florida depend on estate size and complexity. Estates valued at $0 or less may qualify for a simplified procedure that avoids formal probate. For larger estates, fees include court costs, attorney fees, and executor compensation. Use the Florida probate cost calculator for a detailed estimate.

Intestacy Laws in Florida

Under Florida intestacy law, a surviving spouse's inheritance depends on who else survives. The spouse receives Entire estate when there are no descendants. With children from a prior relationship, the share adjusts to Half of the estate.

Florida distributes assets to descendants using the Per stirpes method. The state does not impose a survival period requirement, so heirs inherit immediately upon the decedent's death.

Intestacy rules only apply to assets without a designated beneficiary or title-based transfer. A revocable living trust overrides intestacy law, names specific beneficiaries, and avoids Florida probate entirely — assets transfer privately without court involvement.

SimplyTrust Editorial·Updated July 15, 2026

Legal Sources

Data sourced from Florida statutes and official state code. How we research.

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