Intestate Succession in Florida – All You Need to Know

For anyone who wants to ensure that their family is protected upon their passing and that unintended outcomes are avoided, it’s crucial to understand the ins and outs of intestate succession in Florida. In Florida, when an individual dies without having a will in place, the beneficiaries of that estate are determined by state law, despite the wishes of the deceased.

Considering Florida’s increasing population, growing property values, and complex household dynamics, families can prepare for the unexpected by knowing how intestacy works in the state.

Why Florida’s Growth Makes Estate Planning More Important Than Ever

Florida’s population continues to expand rapidly. Between 2022 and 2023, the population grew from 21.6 million to 21.9 million. This reflects both sustained migration to the state and its strong economic appeal as a driver. During this same time period, the median household income went from $67,917 to $71,711, a 5.59% increase.

These shifts in demographics mean that more families, such as new residents and retirees, are accumulating personal property, financial accounts, and real estate that will need to be distributed after death. If a valid will is not present, all of these assets are transferred and delegated according to Florida’s intestacy statutes.

How Florida Household Structure Impacts Inheritance

A typical household in Florida has about 2.5 people, and the state is home to roughly 8.9 million households, according to Census Reporter data from 2023. Household makeup is key because intestate inheritance is heavily dependent on family relationships. For example, if a person who is married but has no children dies without a will, the surviving spouse will typically inherit everything. If, however, the deceased has children from another relationship, the spouse stands to inherit less.

For people who are not married, according to intestacy laws, the estate is passed to children, then parents, siblings, and more distant relatives, depending on which family members are still alive. It’s especially important to understand these rules in a state like Florida, where multigenerational households and blended families are common.

Rising Property Values Increase the Risk of Intestate Disputes

Florida also has a population that is comparatively older than other states, with a median age of 42.8. As residents age, they tend to accumulate notable assets, such as real estate, and therefore face even greater risks if they fail to plan adequately. In many Florida estates, real estate is playing a particularly central role.

For example, in 2023, the median property value was $325,000, compared to the national average of $303,400. Moreover, over 1.08 million homes in the state fall between the $300,000–$399,999 bracket, and 775,000 residential properties fall under the $500,000–$749,999 value range. With so many Florida families being substantial property owners, intestacy can lead to lengthy disputes over issues like title transfers and home ownership.

Hire an Intestate Succession Lawyer for Complex or High-Value Estates

It can be highly difficult to navigate intestate succession when estates include factors like blended families, minor children, significant financial accounts, or real estate property. Although probate courts follow statutory guidelines, such situations commonly need dedicated legal representation to ensure processes are adequately followed, assets are accurately evaluated, and conflicts are minimized.

Choosing to hire an intestate succession lawyer can become particularly important in estates that involve unclear family relationships, large real estate assets that need to be sold or transferred, or multiple potential errors.

FAQs

What Does It Mean to Die Intestate in Florida?

To die intestate in Florida means passing away without having a valid will. When someone dies intestate, the intestacy statutes in Florida determine who will inherit the property of the deceased individual. Based on the deceased’s marital status, children, and surviving relatives, the court follows a strict order of heirs to determine how properties should be distributed.

Who Inherits First Under Florida Intestate Succession Laws?

Under Florida intestate succession law, the first person to inherit is the surviving spouse, but the share they are entitled to is dependent on the structure of the family. If all of the deceased children are shared with the surviving spouse, the spouse will typically receive the entire estate. If, however, either spouse has children from another relationship, the children and spouse will have the estate distributed to them in compliance with Florida law.

Do Children From Previous Relationships Inherit Differently in Florida?

Yes, children from previous relationships inherit estate differently in Florida. Under Florida’s intestacy rules, blended families are treated differently. This means that if the deceased had children outside of the relationship with the surviving spouse, those children will receive a certain share of the estate, reducing the portion that goes to the surviving spouse.

Are Stepchildren Included in Florida’s Intestate Distribution?

No, stepchildren are not included in Florida’s intestate distribution. This means that unless they have been illegally adopted, they do not inherit a state under Florida’s intestacy statutes. Even if you raised your stepchildren, if you do not have a valid will, they do not have any legal claim to your estate. A dedicated estate planning attorney can help plan accordingly to ensure that your loved ones are protected, even when you’re gone.

What Happens if Someone Dies Without a Will and Has No Immediate Family?

If someone dies without a will in Florida and has no immediate family, the estate will pass on to increasingly distant relatives, such as cousins, uncles, aunts, or grandparents. If there are no eligible relatives as per the definition of Florida law, the estate will ultimately be given to the State of Florida.

Take Control of Your Legacy Before Florida Law Decides for You

Intestate succession can be devastating, leading to results that people never could have imagined, particularly in situations that involve minor children or blended families. That is why it’s so important to have an enforceable, clear estate plan that makes sure your assets are divided how you intend them to be, and not how the state thinks is appropriate. That’s where The Preston Law Firm comes in.

Contact us today to learn how we can help you protect your family from the stress and uncertainty of intestate succession in Florida. Located in the heart of the New Smyrna Beach Historic District on South Orange Street, our firm is ready to guide your family toward a more secure and confident future.