Dying Without A Will
Fla. Stat. 732.102 — the spouse's share, and who takes the rest
| Who else survives | The surviving spouse takes |
|---|---|
| Who else survivesNo descendant of the person who died | The surviving spouse takesThe entire intestate estate |
| Who else survivesDescendants who are all also the spouse's, and the spouse has no other descendant | The surviving spouse takesThe entire intestate estate |
| Who else survivesA descendant who is not also the spouse's | The surviving spouse takesOne-half of the intestate estate |
| Who else survivesDescendants who are all also the spouse's, and the spouse has a descendant who is not the person's | The surviving spouse takesOne-half of the intestate estate |
- What does not go to the spouse, or all of it if there is none, goes first to the descendants of the person who died.
- With no descendant, to the father and mother equally, or to the survivor.
- With none of those, to the brothers and sisters and the descendants of those who died.
- With none of those, half to the father's side and half to the mother's, grandparents first and then uncles, aunts and their descendants.
- With no kindred at all, to the kindred of the last spouse who died before them.
Sources for this section (2)
- Fla. Stat. 732.102 — Spouse's share of intestate estate
- Fla. Stat. 732.103 — Share of other heirs
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.