Intestacy is the legal term that applies to the way in which Florida law requires distribution of your assets if you die before making a Last Will and Testament. In other words, if you die intestate, Florida law will determine who inherits your probate assets and in what proportion.

FindLaw explains that Florida’s intestacy laws go into great detail when describing which of your relatives inherits from you in virtually any conceivable situation.

Surviving spouse

If your spouse survives you, but you have no living descendants, i.e., children, your spouse receives your entire probate estate.

Surviving spouse and descendants

If your spouse and one or more of your children by that spouse survive you, your spouse likewise receives your entire probate estate, assuming (s)he has no living descendants by someone other than you.

If your spouse and one or more of your children by that spouse survive you, but your spouse has other living descendants by someone other than you, your spouse receives half of your probate estate and your surviving children receive the other half.

No surviving spouse, but surviving descendants

If you leave no surviving spouse, but one or more surviving children, your children will receive your probate estate. However, if one of your children predeceased you, but one or more of his or her children, i.e., your grandchild(ren) survive(s) you, that or those grandchild(ren) will receive the portion of your probate estate your predeceased child would have received had (s)he survived you.

No surviving spouse or descendants

Should you leave no surviving spouse or descendants, your surviving parent(s) will receive your entire probate estate. If you leave no surviving spouse, descendants or parents, your siblings will receive your entire probate estate.