If someone dies without a will (called dying "intestate"), Florida statutes determine who inherits.
Priority Order
Generally, we look for:
- Surviving spouse first
- Descendants (children, possibly grandchildren if children predeceased)
- Parents
- Siblings
- Other relatives following statutory order
Complications Arise
The situation becomes much more complicated when:
- The deceased had children/descendants not from the surviving spouse
- The surviving spouse has children/descendants from another relationship (not the deceased)
Avoid these complications with proper estate planning. Don't let common excuses leave your family's future to state law.