What are the Florida laws on the rights of children to inheritance without a will?

Understanding Intestacy in Florida

In Florida, when a person dies without a will, their estate is distributed according to the state's intestacy laws. These laws are designed to reflect what the average person might have intended had they created a will. The rights of children to inherit from a parent who dies intestate (without a will) are specifically addressed within these statutes.

The Hierarchy of Inheritance

Under Florida Statutes Sections 732.101-732.111, the distribution of an intestate estate depends on the surviving family members. If the deceased was married but had no living descendants, the spouse inherits everything. If there are living descendants – which include children, grandchildren, or great-grandchildren – the inheritance rights become more complex.

For instance, if there is a surviving spouse and one or more descendants from the deceased and that spouse, the surviving spouse receives the entire estate. However, if there are descendants from another relationship, the spouse will receive half of the estate, and the other half is divided equally among the descendants.

Rights of Children to Inheritance

Children's rights to inherit in Florida depend on their relationship with the decedent:

If there are no surviving spouses or other relatives, children stand first in line to inherit their parent's estate in its entirety, divided equally among them.

Case Examples and Historical References

An example of these laws in action can be seen in historical cases such as In re Estate of Smith, where the division of an estate among biological and adopted children was contested. The court ruled that both biological and adopted children should inherit equally, reinforcing Florida's stance on equality among descendants in intestacy cases.

Limits and Protections

The state also provides protections for minor children when it comes to inheritance. For example, if an estate includes a homestead property where children reside, special rules apply to ensure their shelter is not compromised by forced sale or division.

Furthermore, assets may be placed into a trust or guardianship arrangement to protect minors' interests until they reach legal age or meet other conditions set forth by law or by any instructions left by the deceased parent in another form of legal document such as a trust.


Navigating through the intricacies of Florida's intestacy laws can be complicated. It is often advisable for individuals to consult with an attorney specializing in estate planning to ensure that their wishes are clearly articulated and legally binding. Doing so can prevent uncertainties regarding the distribution of their assets after death and secure their children's inheritance rights as intended.