By your situation · No will, or a will that cannot be found

No will (intestate)

Sections 732.101 to 732.111 set who inherits when there is no will

A person who dies without a will that disposes of the estate is intestate. Any part of the estate not effectively disposed of by will passes to the decedent's heirs under the intestacy sections of the Probate Code, and the death vests the heirs' right to that property (§ 732.101(1)-(2), Fla. Stat. (2026)). "Heirs" are the persons, including the surviving spouse, entitled to the property under the statutes of intestate succession (§ 731.201(20), Fla. Stat. (2026)).

The surviving spouse's share is set by § 732.102. The rest of the estate, or all of it when there is no spouse, passes in the order of § 732.103: descendants, then parents, then siblings and the descendants of deceased siblings, then grandparents, uncles and aunts and their descendants, then the kindred of the last deceased spouse. If no one is entitled to a part, that part escheats to the state (§ 732.107(1)). Descent is per stirpes (§ 732.104).

Intestate shares depend on legal relationships: marriage, birth, adoption and, for a child born out of wedlock, the father's marriage to the mother, an adjudication of paternity or a written acknowledgment (§ 732.108). Family closeness without a legal relationship does not create a share. Dower and curtesy are abolished (§ 732.111).

A will that is found later changes the result. A will or codicil can be offered until the estate is completely administered and the personal representative is discharged (§ 733.208), and a lost or destroyed will can be established by proving its terms with the testimony required by § 733.207. See Disputed will or heir.

The implications

What this means for you

Spouse and no descendants. The surviving spouse takes the entire intestate estate (§ 732.102(1)).
Spouse and descendants who are all also descendants of the spouse. The surviving spouse takes the entire intestate estate, and the spouse has no other descendant (§ 732.102(2)).
Spouse and a descendant of the decedent who is not a descendant of the spouse. The surviving spouse takes one-half of the intestate estate, and the remainder passes to the decedent's descendants (§ 732.102(3); § 732.103(1)).
Spouse who has a descendant who is not the decedent's descendant. The surviving spouse takes one-half of the intestate estate, even if all of the decedent's descendants are also the spouse's (§ 732.102(4)).
No spouse. The entire intestate estate passes to the decedent's descendants. With no descendant it passes to the father and mother equally or to the survivor; then to brothers and sisters and the descendants of deceased brothers and sisters (§ 732.103(1)-(3)). Collateral kindred of the half blood take half as much as those of the whole blood, unless all are of the half blood (§ 732.105).
Unmarried partners. A common-law marriage entered into after January 1, 1968 is not valid, with an exception for a defective marriage entered in good faith and in substantial compliance with ch. 741 (§ 741.211, Fla. Stat. (2026)). Heirs are the persons entitled under the intestate succession statutes, including the surviving spouse, and a partner who was not a legal spouse is not a surviving spouse (§ 731.201(20); § 732.102).
Stepchildren. "Child" in the Probate Code excludes a person who is only a stepchild (§ 731.201(3)). An adopted person is a descendant of the adopting parent (§ 732.108(1)).
Children born after death. Heirs conceived before the decedent's death but born afterward inherit as if born in the decedent's lifetime (§ 732.106).

The fit

Which path applies

Each path below links to its page with the statutes and rules that apply.

Formal Administration

No value limit; the court appoints a personal representative, with the surviving spouse first in preference for an intestate estate (§ 733.301(1)(b))

Clerk fee up to $395 + $4

Summary Administration

Estate of $150,000 or less after exempt property, or a death more than 2 years ago; the petition states that each petitioner is unaware of any unrevoked will or codicil (Fla. Prob. R. 5.530(a)(10))

Clerk fee up to $340 + $4

Disposition Without Administration

Personal property only, within the limits of §§ 735.301 and 735.304

Clerk fee up to $230

The pitfalls

Common problems

Each item cites the statute or rule it comes from.

Assuming a long-term partner inherits. Without a valid marriage there is no spouse's share (§ 741.211; § 732.102). An account with a pay-on-death designation passes to the surviving beneficiary, and life insurance goes to the person designated in the policy, unless the account or policy is payable to the estate (§ 655.82(3)(b); § 222.13(1), Fla. Stat. (2026)).
Leaving out an heir who is out of contact. Distance or estrangement does not remove an heir. The statutes list relationships only (§ 732.103). Any interested person can petition the court to determine beneficiaries or their shares when there is doubt about who is entitled (§ 733.105(1)).
Counting stepchildren as heirs. A stepchild who was not adopted is excluded from the definition of "child" (§ 731.201(3)).
Homestead descent differs from other intestate property when a spouse and descendants survive. A homestead that is not devised descends like other intestate property, but when the decedent is survived by a spouse and one or more descendants, the spouse takes a life estate and the descendants take a vested remainder (§ 732.401(1)). The Florida Constitution limits devise of homestead when there is a spouse or minor child (§ 732.4015(1)).
Missing the spouse's 6-month election on homestead. In place of the life estate, the surviving spouse may elect an undivided one-half interest as a tenant in common. The election is made within 6 months after death and during the spouse's lifetime, and it is irrevocable once made (§ 732.401(2)(b) and (d)).
Treating a found will as irrelevant. A later-discovered will can be offered until the estate is completely administered and the personal representative is discharged. If a will is admitted after letters issue, the letters are revoked and new letters granted (§ 733.208; § 733.301(5)).

The FAQ

Frequently asked questions

Does an unmarried partner inherit when there is no will?+−

No. A partner who was not legally married to the decedent is not a surviving spouse, and common-law marriages entered into after January 1, 1968 are not valid (§ 741.211; § 732.102). Property with a beneficiary designation or survivorship ownership passes by that designation, for example a pay-on-death account passes to the surviving beneficiary (§ 655.82(3)(b)).

Does a child I have not spoken to in years still inherit?+−

Yes. Intestate succession follows legal relationship, not contact. Descendants take the part of the estate that does not pass to the spouse (§ 732.103(1)). A child born out of wedlock is a descendant of the mother, and is a descendant of the father if one of the conditions in § 732.108(2) is met.

Who is first in line to serve as personal representative?+−

In an intestate estate the order of preference is the surviving spouse, then the person selected by a majority in interest of the heirs, then the heir nearest in degree (§ 733.301(1)(b)). The court may select the one best qualified when more than one heir of the same degree applies.

Can heirs agree to divide the estate differently?+−

The statutes fix the intestate shares (§ 732.102; § 732.103). A summary administration petition can propose a schedule of distribution, and a beneficiary who will receive a full distributive share need not join the petition (Fla. Prob. R. 5.530(a)(12) and (b)). Any beneficiary or creditor who does not join must receive formal notice.

What happens if an heir cannot be found?+−

When property cannot be distributed because the lawful owner cannot be found, the court orders the personal representative to sell the property and deposit the proceeds with the clerk, who holds them for 6 months after posting or first publication and then deposits them with the Chief Financial Officer (§ 733.816(1)). A person entitled to the funds can petition the court within 10 years from the date of deposit (§ 733.816(3)).

Does homestead pass the same way as other property?+−

Not when there is a surviving spouse and one or more descendants. The spouse takes a life estate with a vested remainder to the descendants in being at death, per stirpes, or may elect within 6 months an undivided one-half interest as a tenant in common, with the other half vesting in those descendants (§ 732.401(1) and (2)). The section does not apply to property held in tenancy by the entirety or joint tenancy with right of survivorship (§ 732.401(5)).

Is probate required when someone dies without a will?+−

Not always. An intestate estate of 150,000 dollars or less after exempt property, or one where the decedent has been dead more than 2 years, can use summary administration (§ 735.201(2)). An estate with only exempt personal property, constitutionally exempt personal property and a small amount of nonexempt personal property can be handled without administration, and the intestate-estate version requires that the decedent has been deceased more than 1 year (§ 735.301(1); § 735.304(1)). Other intestate estates need an administration under ch. 733.

What if no relative can be found?+−

If a person dies leaving an estate without being survived by anyone entitled to a part of it, that part escheats to the state, and a person claiming entitlement can reopen the administration within 10 years after payment to the Chief Financial Officer (§ 732.107(1) and (3)). Before that point the estate passes to the kindred of the last deceased spouse if there is no kindred of either the paternal or maternal side (§ 732.103(5)).

In short

Without a will, § 732.101 passes the estate to the heirs named in § 732.102 and § 732.103. A will found before the estate is completely administered changes the result (§ 733.208).

Last checked: October 19, 2026

Sources

Each source below was read on the date shown. Statute links open the 2026 edition on the Florida Senate site.

§ 732.101(1)-(2), Fla. Stat. (2026), Intestate estate. The Florida Senate. Intestate property passes to heirs; death vests the right. Plain-English page on this site.
§ 732.102, Fla. Stat. (2026), Spouse’s share of intestate estate. The Florida Senate. Spouse’s share in each family configuration. Plain-English page on this site.
§ 732.103, Fla. Stat. (2026), Share of other heirs. The Florida Senate. Order of descent after the spouse; kindred of last deceased spouse. Plain-English page on this site.
§ 732.104, Fla. Stat. (2026), Inheritance per stirpes. The Florida Senate. Descent is per stirpes.
§ 732.105, Fla. Stat. (2026), Half blood. The Florida Senate. Half-blood collateral heirs take half as much. Plain-English page on this site.
§ 732.106, Fla. Stat. (2026), Afterborn heirs. The Florida Senate. Heirs conceived before death and born afterward inherit. Plain-English page on this site.
§ 732.107, Fla. Stat. (2026), Escheat. The Florida Senate. Escheat to the state; 10-year claim period. Plain-English page on this site.
§ 732.108, Fla. Stat. (2026), Adopted persons and persons born out of wedlock. The Florida Senate. Adoption and paternity rules for intestate succession. Plain-English page on this site.
§ 732.111, Fla. Stat. (2026), Dower and curtesy abolished. The Florida Senate. No dower or curtesy. Plain-English page on this site.
§ 732.401, Fla. Stat. (2026), Descent of homestead. The Florida Senate. Life estate with vested remainder; 6-month election of one-half interest. Plain-English page on this site.
§ 732.4015, Fla. Stat. (2026), Devise of homestead. The Florida Senate. Homestead not subject to devise when spouse or minor child survives. Plain-English page on this site.
§ 731.201(20), Fla. Stat. (2026), General definitions. The Florida Senate. Definitions of child, heirs, interested person. Plain-English page on this site.
§ 733.105, Fla. Stat. (2026), Determination of beneficiaries. The Florida Senate. Petition to determine beneficiaries or shares. Plain-English page on this site.
§ 733.207, Fla. Stat. (2026), Establishment and probate of lost or destroyed will. The Florida Senate. Proof of a lost or destroyed will. Plain-English page on this site.
§ 733.208, Fla. Stat. (2026), Discovery of later will. The Florida Senate. A will can be offered until the estate is completely administered.
§ 733.301, Fla. Stat. (2026), Preference in appointment of personal representative. The Florida Senate. Order of preference in an intestate estate. Plain-English page on this site.
§ 733.816, Fla. Stat. (2026), Disposition of unclaimed property held by personal representatives. The Florida Senate. Deposit of shares for heirs who cannot be found. Plain-English page on this site.
§ 735.201, Fla. Stat. (2026), Summary administration; nature of proceedings. The Florida Senate. Summary administration limit of $150,000 or death more than 2 years ago. Plain-English page on this site.
§ 735.301, Fla. Stat. (2026), Disposition without administration. The Florida Senate. Exempt property and funeral-expense route. Plain-English page on this site.
§ 735.304, Fla. Stat. (2026), Disposition without administration of intestate property in small estates. The Florida Senate. Intestate small-estate route: $20,000 and more than 1 year after death.
§ 741.211, Fla. Stat. (2026), Common-law marriages void. The Florida Senate. No valid common-law marriage after January 1, 1968. Plain-English page on this site.
§ 655.82(3)(b), Fla. Stat. (2026), Pay-on-death accounts. The Florida Senate. Pay-on-death account passes to the surviving beneficiary. Plain-English page on this site.
§ 222.13(1), Fla. Stat. (2026), Life insurance. The Florida Senate. Proceeds pass to the designated person unless payable to the estate.
Fla. Prob. R. 5.530, Summary administration. The Florida Bar, Florida Probate Rules (Oct. 15, 2026 ed.). Petition contents, schedule of proposed distribution, joinder and notice.

General information, not legal advice. The official text controls. Disclaimer.