Dying Intestate Florida

Married with no children
The entire estate passes to the surviving spouse.
Married with child or children
If the descendants of the decedent are also lineal descendants of the surviving spouse, the spouse receives the first $60,000 of the intestate estate plus one half of the estate balance. If there are surviving descendants, one or more of whom are not lineal descendants of the surviving spouse, the spouse receives one half of the intestate estate.
Order of estate distribution if spouse survives
1) spouse and children
2) children as indicated above
3) decedent’s parent(s)
4) decedent’s siblings and the descendants of any deceased siblings
5) one half of the estate to the decedent’s paternal and the other half of the estate to the decedent’s maternal kin as follows:

  • a) grandfather and grandmother equally, or to survivor of them
  • b) uncles and aunts and descendants of deceased uncles and aunts
  • c) if no paternal or maternal kin, the estate goes to the other kin who survive in the order stated above

6) the kin of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate

No spouse survives but there are other relatives
sames as numbers 2 through 6 above
Single person/ widow or widower
If parents of the decedent survive, they share equally in the entire estate. If parents are deceased but there are siblings, the estate is divided equally among them.
Order of estate distribution if decedent not married
1) parents of the decedent
2) siblings of the decedent
No surviving relatives
The entire estate passes to the State School Fund of Florida.
State link
Special notes
1) Half blood relations shall only inherit half as much as those of whole blood; if all relations are of half blood, they will all have whole parts.
2) Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent’s lifetime.
3) Adopted children are considered as natural kin.
4) Aliens have the same rights of inheritance as citizens.

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