Florida Statute 732.102
“Spouse’s share of intestate estate”
What it means
Section 732.102 sets the surviving spouse's share of the intestate estate. The share depends on whose descendants survive.
The spouse takes the entire intestate estate if the decedent has no surviving descendant (§ 732.102(1)), or if all the decedent's surviving descendants are also the spouse's descendants and the spouse has no other descendant (§ 732.102(2)).
The spouse takes one-half if the decedent has one or more surviving descendants who are not lineal descendants of the spouse (§ 732.102(3)), or if all the decedent's descendants are also the spouse's but the spouse has one or more descendants who are not the decedent's (§ 732.102(4)).
The part the spouse does not take passes to the other heirs under § 732.103.
- No surviving descendant of the decedent: the spouse takes the entire intestate estate. (§ 732.102(1))
- All the decedent's descendants are also the spouse's, and the spouse has no other descendant: the spouse takes the entire intestate estate. (§ 732.102(2))
- A surviving descendant of the decedent who is not a lineal descendant of the spouse: the spouse takes one-half. (§ 732.102(3))
- The spouse has a descendant who is not the decedent's, even though all the decedent's descendants are also the spouse's: the spouse takes one-half. (§ 732.102(4))
- The share applies to the intestate estate only, and the rest passes under § 732.103. (§ 732.103)
Text of the statute (2026)
The intestate share of the surviving spouse is: (1) If there is no surviving descendant of the decedent, the entire intestate estate. (2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. (3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. (4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.102.
History. s. 1, ch. 74-106; s. 8, ch. 75-220; s. 15, ch. 2001-226; s. 5, ch. 2007-74; s. 2, ch. 2011-183.
How it applies
The statute counts the descendants of both spouses. A blended family can produce the one-half share in either direction: a child of the decedent who is not the spouse's child (§ 732.102(3)), or a child of the spouse who is not the decedent's child (§ 732.102(4)).
The statute applies only to the intestate estate. Property passing by will is outside it (§ 732.101(1)). The remainder after the spouse's share goes to the heirs listed in § 732.103.
Where this shows up
Pages on this site where § 732.102 does real work:
- What Florida homestead protects: tax exemption, creditor protection and inheritance rules
- 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
- Florida spousal elective share: 30 percent of the elective estate, what the elective estate includes and leaves out, the filing deadline, waiver, the court process and a worked example
- Blended families and estate planning in Florida: homestead, elective share, stepchildren and trusts
- Disposition without administration in Florida under § 735.301: who qualifies, limits and filing steps
- Disinheriting a child in Florida: what the law allows, protected homestead and how to draft it
- Missing will in Florida: where to look, safe-deposit boxes and lost-will probate
- Pretermitted spouse and child in Florida: the share owed when a will predates a marriage or birth
- No will (intestate)
- Last Will & Testament
Questions people ask
Sources
- Fla. Stat. § 732.102, Spouse’s share of intestate estate (2026) ("If there is no surviving descendant of the decedent, the entire intestate estate.")
- Fla. Stat. § 732.103, Share of other heirs (2026) (The part of the estate not passing to the spouse under s. 732.102 descends to the other heirs.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.