Florida Statute 732.103
“Share of other heirs”
What it means
Section 732.103 governs the part of the intestate estate that does not pass to the surviving spouse under § 732.102, or the whole estate if there is no surviving spouse. It passes in this order, and a group takes only if no one in an earlier group survives:
(1) the decedent's descendants; (2) the father and mother equally, or the survivor; (3) brothers and sisters and the descendants of deceased brothers and sisters; (4) kindred of the grandparent lines, half to the paternal and half to the maternal side, first the grandfather and grandmother (or the survivor), then uncles and aunts and the descendants of deceased uncles and aunts, and if one side has no kindred the other side takes all; (5) the kindred of the decedent's last deceased spouse, as if that spouse had survived and then died intestate; (6) a provision for descendants of great-grandparents who were Holocaust victims.
Subsection (6) applies only to escheated property and ceased to be effective for proceedings filed after December 31, 2004. Descent is per stirpes (§ 732.104).
- The order is descendants, then parents, then siblings and their descendants, then grandparent lines, each group taking only if the earlier ones are empty. (§ 732.103(1)-(4))
- Parents take equally, or the survivor takes all. (§ 732.103(2))
- Grandparent-line kindred take half paternal and half maternal. If one side has no kindred, the other side takes. (§ 732.103(4)(c))
- If no kindred of either part exist, the estate goes to the kindred of the last deceased spouse as if that spouse had survived and died intestate. (§ 732.103(5))
- The Holocaust-victim provision applies only to escheated property and ceased to be effective for proceedings filed after December 31, 2004. (§ 732.103(6))
- Descent is per stirpes, whether to descendants or collateral heirs. (§ 732.104)
Text of the statute (2026)
The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows: (1) To the descendants of the decedent. (2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them. (3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters.
(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order: (a) To the grandfather and grandmother equally, or to the survivor of them. (b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent. (c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.
(5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.
(6) If none of the foregoing, and if any of the descendants of the decedent’s great-grandparents were Holocaust victims as defined in s. 626.9543(3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.
Excerpts are the subsections the summary relies on. Read the full official text of § 732.103.
History. s. 1, ch. 74-106; s. 8, ch. 75-220; s. 1, ch. 77-174; s. 16, ch. 2001-226; s. 145, ch. 2004-390; s. 102, ch. 2006-1; s. 6, ch. 2007-74.
How it applies
Each group takes only if no one in an earlier group survives, so a surviving parent takes ahead of siblings (§ 732.103(2), (3)). Because descent is per stirpes (§ 732.104), the descendants of a deceased child or sibling take that person's share.
Half-blood collateral relatives are adjusted under § 732.105, and adopted children and children born outside marriage are classified under § 732.108. If no one qualifies, the estate escheats to the state under § 732.107.
Where this shows up
Pages on this site where § 732.103 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
- Blended families and estate planning in Florida: homestead, elective share, stepchildren and trusts
- Power of attorney in Florida: execution rules, durable language, agent powers, bank acceptance and revocation
- 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)
- Abraham Shakespeare
Questions people ask
Sources
- Fla. Stat. § 732.103, Share of other heirs (2026) ("The part of the intestate estate not passing to the surviving spouse under s. 732.102 ... descends as follows")
- Fla. Stat. § 732.104, Inheritance per stirpes (2026) (Descent shall be per stirpes, whether to descendants or to collateral heirs.)
- Fla. Stat. § 732.107, Escheat (2026) (Estates with no person entitled to a part escheat to the state.)
Last checked: October 17, 2026
Published by the Probate.Help editorial team.How these pages are written and checked.