What it means
Any part of a decedent's estate that a will does not effectively dispose of passes to the decedent's heirs under the sections that follow in the probate code (§ 732.101(1)). That covers an estate with no will and an estate where a will disposes of only part of the property.
The decedent's death is the event that vests the heirs' right to the decedent's intestate property (§ 732.101(2)).
- Estate property not effectively disposed of by will passes to the decedent's heirs, whether there is no will or the will disposes of only part. (§ 732.101(1))
- The heirs' right to the intestate property vests at the decedent's death. (§ 732.101(2))
- Who the heirs are is set by the following sections: § 732.102 (surviving spouse) and § 732.103 (other heirs). (§ 732.101(1))
Text of the statute (2026)
(1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code.
(2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.101.
History. s. 1, ch. 74-106; s. 8, ch. 75-220; s. 14, ch. 2001-226.
How it applies
A will can leave part of an estate undisposed, for example when a gift fails or an asset is not covered. That part passes under the intestacy sections while the rest of the estate follows the will.
Because the heirs' right vests at death (§ 732.101(2)), the heirs are identified as of the date of death. The spouse's share is set by § 732.102 and the remainder by § 732.103.
Where this shows up
Pages on this site where § 732.101 does real work:
- Florida intestate succession: who inherits when there is no will, the spouse's share, descendants, parents, siblings and other relatives, the homestead, who is not an heir and steps to settle the estate
- Selling an inherited Florida home: who can sign, probate steps, mortgage and taxes
- Out-of-state heirs and Florida property: who can serve, what happens to title, taxes and selling
- Blended families and estate planning in Florida: homestead, elective share, stepchildren and trusts
- Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
- Aldrich v. Basile
Questions people ask
Sources
- Fla. Stat. § 732.101, Intestate estate (2026) ("The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.")
Last checked: October 17, 2026
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