Intestate Succession in Florida
State-specific overview · Estate & Probate
Florida grants the surviving spouse a large share or all property depending on what relatives survive, with a $60,000 exempt property allowance.
How Florida treats Intestate Succession
If the deceased leaves a spouse and descendants, the spouse receives the first $60,000 plus half the remainder, while descendants share the rest. If only a spouse survives with no descendants, the spouse receives the entire estate. Florida law provides the surviving spouse with an exempt property allowance and a family allowance to support immediate family during probate, reflecting strong spousal protection.
The general definition of Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Read the full Intestate Succession entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Florida.