Overview
If you die without a will in Florida, state law decides who inherits your property. These rules, called intestate succession, follow a set order based on your family.
Who inherits if you die without a will
Florida's default order generally looks like this:
- Your spouse gets everything if you have no children, or if all your children are also your spouse's and your spouse has none from another relationship.
- Your spouse gets half, and your children share the other half, if either of you has children from another relationship.
- With no spouse, your children (or a deceased child's children) share everything.
- With no spouse or children, your parents, then your brothers and sisters, usually inherit.
Why this matters
These rules may not match your wishes. Unmarried partners, stepchildren and friends generally receive nothing. Your main home may also follow special Florida homestead rules. A will generally lets you choose who inherits instead.
Questions about your Florida estate plan? Call Karia Law at (954) 281-9989 or send a contact request at karialaw.com/contact.
Disclaimer: This is an advertisement. This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws vary and individual circumstances differ. Consult a licensed Florida estate planning attorney for advice specific to your situation. Tejus Karia, Esq. is a member of The Florida Bar.