Florida Intestate Succession: Who Inherits a House With No Will

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

When a Florida owner dies without a valid will, the surviving spouse takes the entire intestate estate if the decedent left no descendants, and shares change when descendants exist. Undevised homestead follows its own rule.

Spouse and descendants

• The surviving spouse's intestate share is the entire intestate estate if there is no surviving descendant of the decedent. (Fla. Stat. Sec. 732.102(1))
• The spouse takes the entire intestate estate if all the decedent's descendants are also descendants of the spouse and the spouse has no other descendants. (Fla. Stat. Sec. 732.102(2))
• If any surviving descendant of the decedent is not a lineal descendant of the surviving spouse, the spouse takes one-half of the intestate estate. (Fla. Stat. Sec. 732.102(3))
• If all the decedent's descendants are also the spouse's, but the spouse has descendants who are not the decedent's, the spouse takes one-half of the intestate estate. (Fla. Stat. Sec. 732.102(4))

The remainder and homestead

• The remainder (or all, if no spouse) descends: (1) to descendants; (2) if none, to father and mother equally or the survivor; (3) if none, to brothers and sisters and descendants of deceased siblings; (4) then half to paternal and half to maternal kindred (grandparents, then aunts and uncles and their descendants); (5) then to kindred of the last deceased spouse. (Fla. Stat. Sec. 732.103)
• Intestate homestead, if not devised, descends like other intestate property, but if the decedent leaves a spouse and descendants the spouse takes a life estate with vested remainder to descendants per stirpes; the spouse may instead elect within 6 months of death a one-half undivided interest as tenant in common, by recording a notice of election; the election is irrevocable. (Fla. Stat. Sec. 732.401(1)-(2))

What we could not confirm

• Pretermitted spouse/child shares (Sec. 732.301, 732.302) and elective share percentage (Sec. 732.2065) not opened.

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Intestate Succession FAQ

Who inherits in Florida with no will?

Chapter 732 sets shares for the spouse and descendants first, then parents, siblings and further relatives.

What happens to homestead without a will?

If not devised as authorized, it descends as other intestate property, except that a spouse with descendants takes a life estate with a vested remainder in the descendants.

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 732.401(1), (5)
• Fla. Stat. Sec. 732.102(1)
• Fla. Stat. Sec. 732.103

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.