Florida laws requires assets of a decedent who have no will to be distributed according to Florida’s intestacy laws. Inheritance rights are given to spouses, children, parents, or siblings of a decedent. There are slightly modified rules when someone has been married multiple times. Some of the common distributions are:

Spouse and minor children – no children from a prior marriage – Spouse inherits 100 percent of the estate

Spouse and minor children – children from current and prior marriage – spouse inherits 50 percent and all children inherit remaining 50 percent

Parents, no spouse, no children – parents inherit 100 percent of the estate

No parents, no spouse, no children – siblings inherit everything



In the event a person dies and has no living relatives, however obscure, the state will claim the entire estate; this is very rare because the state will go to great lengths to identify a living heir.

Rather than take chances of your family members fighting over an inheritance, it is a good idea to have an estate plan in place. If you live anywhere in Florida, contact the Jacksonville office of Judy-Ann Smith Law Firm, P.A. for help with preparing an estate plan, or contesting a will, or trust if you believe you were entitled to an inheritance.