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Easler Law PLLC 321-206-3603
Probate
Andrew David Easler, Esq. Published October 17, 2026

In what order do relatives inherit when a Florida resident dies without a will?


After the surviving spouse's share, Florida passes an estate without a will to descendants first, then parents, then siblings and their descendants, then more distant relatives.

Section 732.103, Florida Statutes, sets the order for the part of an intestate estate that does not pass to a surviving spouse, or the whole estate when there is no spouse. Descendants inherit first.

With no descendants, the estate goes to the parents equally or to the surviving parent, then to brothers and sisters and the descendants of deceased siblings.

If none of those relatives survive, half goes to the paternal side and half to the maternal side, first to grandparents and then to aunts, uncles and their descendants. The surviving spouse's own share is set by section 732.102.

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