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Florida Intestacy Laws
These are selections from the Florida intestate succession statutes.  (Title XLII: Estates and Trusts)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


732.101 Intestate estate.
(1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this code.
(2) The decedent's death is the event that vests the heirs' right to the decedent's intestate property.

732.102 Spouse's share of intestate estate.
The intestate share of the surviving spouse is:
(1) If there is no surviving descendant of the decedent, the entire intestate estate.

(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving
spouse has no other descendant, the entire intestate estate.

(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of
the intestate estate.

(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the
surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
 

732.103 Share of other heirs.
The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:


(1) To the lineal descendants of the decedent.


(2) If there is no lineal descendant, to the decedent's father and mother equally, or to the survivor of them.


 

(3) If there is none of the foregoing, to the decedent's brothers and sisters and the descendants of deceased brothers and sisters.

(4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent's paternal, and the other half to the decedent's maternal, kindred in the following order:


(a) To the grandfather and grandmother equally, or to the survivor of them.
 

(b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.
 

(c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.


(5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Florida intestate succession statutes may be found in full by selecting this link.  (Title XLII: Estates and Trusts)


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