Florida Probate Research Tools and Knowledgebase

Click here for a list of all Clerk of Court offices throughout the State of Florida.

Intestate succession in Florida refers to how someone's property and assets are distributed if they die without a will. Here's a breakdown of the key points from the Florida Statutes, explained in a way that's easy to understand:

1. Intestate Estate (732.101): This is about what happens to someone's property when they don't have a will.
2. Spouse’s Share (732.102): If you're married and die without a will, your spouse gets a big part of your estate. How much they get can depend on whether you have children, and if those children are also your spouse's children.
3. Share of Other Heirs (732.103): If you don't have a spouse or after your spouse gets their share, this law explains how the rest of your property goes to other family members like your kids, parents, or siblings. It follows a specific order: first your children, then your parents, then siblings, and so on.
4. Inheritance per Stirpes (732.104): This fancy term means if one of your heirs (like a child) dies before you, their share can go to their children.
5. Half Blood (732.105): If you have half-siblings (brothers or sisters with whom you share one parent), they are treated just like full siblings in sharing your property.
6. Afterborn Heirs (732.106): This is about children who are born after you die. They still get a share of your property.
7. Escheat (732.107): If you die without a will and have no family at all, your property goes to the state of Florida.
8. Adopted Persons and Persons Born Out of Wedlock (732.108): Adopted kids are treated just like biological kids in terms of inheritance. Children born outside of marriage can also inherit from their parents, but there are specific rules for this.
9. Termination of Parental Rights (732.1081): If a parent’s rights are legally ended, they and their kids can’t inherit from each other.
10. Debts to Decedent (732.109): If someone owed you money and you die, that debt might still need to be paid to your estate.
11. Aliens (732.1101): Non-U.S. citizens can still inherit property just like citizens.
12. Dower and Curtesy Abolished (732.111): Old terms for a spouse's right to property (dower for women, curtesy for men) are no longer used.

In short, Florida’s intestate succession laws set the rules for who gets your property if you pass away without a will, prioritizing spouses and children but including other relatives if necessary. If you have no family, the state can claim your property. Adopted children and children born out of wedlock also have rights to inherit, subject to certain conditions.