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Chapter 732 — Wills & Intestate Succession

Florida Statute 732.108

“Adopted persons and persons born out of wedlock”

What it means

For intestate succession, an adopted person is a descendant of the adopting parent and one of the natural kindred of all members of the adopting parent's family. The adopted person is not a descendant of the natural parents or kindred of their family, or of any prior adoptive family (§ 732.108(1)). Three exceptions keep the original ties: adoption by the spouse of a natural parent (§ 732.108(1)(a)); adoption by a natural parent's spouse who married that parent after the death of the other natural parent, which leaves the deceased parent's family ties intact (§ 732.108(1)(b)); and adoption by a close relative as defined in § 63.172(2), which leaves ties to the families of the deceased natural parents intact (§ 732.108(1)(c)).

A person born out of wedlock is a descendant of the mother and her family. The person is also a descendant of the father and his family if the parents took part in a marriage ceremony (even if void), paternity was adjudicated before or after the father's death, or the father acknowledged paternity in writing (§ 732.108(2)).

— What it says
  • An adopted person is a descendant of the adopting parent and not of the natural parents, with three exceptions. (§ 732.108(1))
  • Adoption by the spouse of a natural parent does not change the relationship with that natural parent or the natural parent's family. (§ 732.108(1)(a))
  • Adoption by a close relative, as defined in § 63.172(2), does not affect the child's relationship with the families of the deceased natural parents. (§ 732.108(1)(c))
  • A person born out of wedlock is always a descendant of the mother and her family. (§ 732.108(2))
  • The person is the father's descendant through a marriage ceremony (even a void one), an adjudication of paternity, or the father's written acknowledgment. (§ 732.108(2)(a)-(c))
  • Chapter 95 does not apply in determining heirs in a probate proceeding when paternity is established by adjudication. (§ 732.108(2)(b))

Text of the statute (2026)

§ 732.108(1)
(1) For the purpose of intestate succession by or from an adopted person, the adopted person is a descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent’s family, and is not a descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent’s family or any prior adoptive parent’s family, except that: (a) Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent’s family. (b) Adoption of a child by a natural parent’s spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent. (c) Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.
§ 732.108(2)
(2) For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a descendant of his or her mother and is one of the natural kindred of all members of the mother’s family. The person is also a descendant of his or her father and is one of the natural kindred of all members of the father’s family, if: (a) The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void. (b) The paternity of the father is established by an adjudication before or after the death of the father. Chapter 95 shall not apply in determining heirs in a probate proceeding under this paragraph. (c) The paternity of the father is acknowledged in writing by the father.

Excerpts are the subsections the summary relies on. Read the full official text of § 732.108.

History. s. 1, ch. 74-106; s. 11, ch. 75-220; s. 7, ch. 77-87; s. 1, ch. 77-174; s. 2, ch. 87-27; s. 954, ch. 97-102; s. 8, ch. 2007-74; s. 2, ch. 2009-115.

— In a Florida probate

How it applies

Adoption generally moves the inheritance relationship from the birth family to the adoptive family, with the stepparent, later-spouse and close-relative exceptions in § 732.108(1)(a)-(c). Under § 63.172(2), a close relative is a brother, sister, grandparent, aunt or uncle.

For a child born outside marriage, the father line depends on one of three grounds in § 732.108(2). Paternity may be adjudicated before or after the father's death, and Chapter 95 does not apply to determining heirs in a probate proceeding under § 732.108(2)(b).

Questions people ask

Can a child born out of wedlock inherit from the father in Florida?
Yes, if one of three grounds exists. Under Florida Statute 732.108(2), the parents took part in a marriage ceremony (even a void one), paternity was adjudicated before or after the father's death, or the father acknowledged paternity in writing.

Sources

Last checked: October 17, 2026

The official text
This page is a plain-English summary, verified against the 2026 Florida Statutes — it is not the statute, and it isn't legal advice for your situation.
Read § 732.108

Published by the Probate.Help editorial team.How these pages are written and checked.

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