Life estate path
The spouse may have lifetime possession while descendants hold vested remainder interests. Expenses and decision rights can be divided by law.
Florida intestate house and title education
Who Gets the House Without a Will? The Deed and Florida Law Decide.
When a Florida owner dies intestate—without a valid will—the family does not simply choose who receives or sells the home. Start with the deed, then determine survivorship, homestead, marriage, descendants, probate authority, liens, and the statutory heirs.
No will does not mean no probate—and a will would not override every homestead rule.
A court and title underwriter may need evidence of death, family relationships, homestead, heirs, authority, claims, and taxes before a sale or refinance.
A court and title underwriter may need evidence of death, family relationships, homestead, heirs, authority, claims, and taxes before a sale or refinance.
Read the DeedSurvivorship may control first
Identify FamilySpouse and descendants matter
Determine HomesteadSpecial rules may apply
Establish AuthorityHeir is not always closing signer
Call or Text386-661-8000
Florida intestacy overview
The surviving spouse's share depends on the descendant relationships
This simplified overview is not a calculation for any family. Homestead, survivorship, valid waivers, adoption, paternity, predeceased relatives, disclaimers, divorce, simultaneous death, and other facts can change the analysis.
| General family situation | Florida intestate-estate starting rule | Why the house may differ |
|---|---|---|
| Spouse, no surviving descendants | Spouse generally receives the intestate estate | Title, homestead, claims, liens, and non-probate ownership still require review |
| Spouse and only shared descendants; spouse has no other descendants | Spouse generally receives the intestate estate | Solely owned homestead can have separate constitutional/statutory treatment |
| Spouse and a decedent descendant not also the spouse's descendant | Spouse generally receives one-half of the intestate estate | The remaining share and homestead interests require family and title analysis |
| Spouse and only shared descendants, but spouse has another descendant | Spouse generally receives one-half of the intestate estate | Do not assume the house divides exactly like a general probate asset |
| No surviving spouse | Descendants come first; if none, the statute continues through parents and other relatives | Per-stirpes shares, homestead, deed vesting, liens, and authority must be established |
Florida homestead exception
A spouse and descendants can receive different interests in the homestead
Florida Statutes § 732.401 provides that when homestead was not validly devised and the decedent is survived by a spouse and descendants, the spouse generally takes a life estate with vested remainder to descendants. The spouse may have a statutory election to take an undivided one-half tenant-in-common interest instead, subject to strict requirements and deadlines.
One-half election
A qualifying surviving spouse may elect an undivided one-half interest as tenant in common instead of the life estate, with the other half in descendants per stirpes.
Survivorship exception
Section 732.401 does not apply to property the decedent owned as tenants by the entirety or joint tenants with right of survivorship.
Title evidence still matters
Closing may require probate pleadings, a homestead order, election documents, death records, heir evidence, releases, or other underwriter-approved proof.
Before listing, selling, or signing
Build a complete estate-title file
- Obtain the recorded deed and confirm the exact legal description and vesting.
- Order certified death records and identify the decedent's domicile and date of death.
- Determine marital status, prior marriages, divorce dates, and whether a spouse survived.
- Identify all descendants, including predeceased children and their descendants, and obtain counsel's guidance on legal parentage and adoption facts.
- Determine whether the property was constitutional homestead and whether minor children survived.
- Locate wills, trusts, deeds, marital agreements, court orders, probate files, and powers of attorney; a power of attorney ends at death.
- Search mortgages, liens, judgments, taxes, associations, code matters, and pending litigation.
- Engage Florida probate counsel to establish heirs, homestead, authority, and the correct administration or court procedure.
- Open title early so the underwriter can state the evidence and releases required for an insurable conveyance.
No-will house FAQ
Common Florida family questions
Does the oldest child inherit the house?
Not simply because that child is oldest. Florida intestacy and homestead rules, the deed, survivorship, spouse and descendant relationships, disclaimers, and court determinations control.
Does a surviving spouse automatically receive the entire house?
Not always. Survivorship or tenancy-by-the-entirety title may pass to a spouse, but solely owned homestead and intestate assets can follow different rules depending on descendants and family relationships.
Can heirs sell immediately after death?
Usually not safely until ownership, homestead, probate authority, heirs, liens, taxes, and title requirements are established. Every required owner or authorized fiduciary must be able to convey marketable title.
Does no will mean the state takes the house?
No. Florida intestacy law provides an order of heirs. Property escheats only when no qualifying taker exists under the law, and a court must determine the facts.
Is probate required?
It may be. Probate or another court process can be needed to identify heirs, appoint authority, administer assets and claims, determine homestead, or establish marketable title. Survivorship property may follow a different path.
Related post-death title guidance
Resolve the estate before promising a closing date
Can a deed avoid probate?Compare survivorship, entireties, life estate, trust, and sole ownership.Florida homestead spousal rightsUnderstand why spouse rights can exist beyond the record deed.Title problems that delay closingSee how estate authority and ownership gaps affect a sale.Florida title and closing servicesOpen title early to identify the requirements for the estate property.
Florida law and guidance
Sources behind this page
Last reviewed August 14, 2026.
The Florida Bar: Probate in FloridaExplains probate assets, intestacy, family rights, and administration.Florida Statutes § 732.102Surviving spouse's share of the intestate estate.Florida Statutes § 732.103Order of other intestate heirs.Florida Statutes § 732.401Descent of homestead and the surviving-spouse election.
Educational and jurisdiction notice: This page is a simplified educational overview, not legal, probate, family-law, homestead, tax, creditor, or title-policy coverage advice. It cannot determine heirs or shares for a real family. Engage qualified Florida probate counsel. Veterans Approved Title can provide title examination and closing coordination subject to underwriting requirements. Georgia property and intestacy require Georgia-qualified counsel and Georgia-specific analysis.
Open title before the estate property is marketed or contracted.
Early examination helps counsel and the family identify ownership, homestead, liens, required orders, and every necessary signer.