The Short Answer

In Florida, half-siblings can inherit in an intestate estate (when there is no valid will), but they may receive a smaller share than full siblings if both half- and whole-blood siblings are in the same group of heirs. Whether half-siblings inherit at all depends on the family tree (spouse, children, parents, and then siblings) and on whether the relationship is legally recognized.

What Florida Law Says

Florida’s intestacy laws set an order of who inherits when there is no will. Generally, a surviving spouse and descendants (children/grandchildren) come first; if none, then parents; and if none, then siblings (and the descendants of deceased siblings). Half-siblings are treated as “collateral kindred,” so the half-blood rule can affect how much they receive compared to whole-blood siblings.

The Statute

The primary law governing this issue is Fla. Stat. § 732.105.

This statute establishes that when an intestate estate passes to collateral relatives and some are whole-blood and others are half-blood, the half-blood relatives inherit only half as much as the whole-blood relatives (unless all the inheriting relatives are half-blood, in which case they inherit equal shares).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate and inheritance disputes can be lost if you miss court and creditor deadlines, and timing can also affect whether assets pass through probate at all.
• Burden of Proof: Half-sibling claims often turn on proving the family relationship (and, in some cases, whether paternity was legally established or acknowledged). Florida has specific rules for parent-child status in intestacy. See, e.g., Fla. Stat. § 732.108.
• Exceptions: The half-blood rule only matters if the estate is actually passing to siblings/other collateral relatives—many estates pass first to a spouse or descendants under Florida’s intestacy scheme. See Fla. Stat. § 732.102 and Fla. Stat. § 732.103.

Even small differences in family structure (a surviving spouse, a child from another relationship, an adoption, or an unresolved paternity issue) can dramatically change who inherits and in what percentages. Trying to handle this alone can lead to avoidable disputes, delays, or a distribution that has to be corrected later.

If you want more background on intestate inheritance generally, you may also find helpful: What Happens If My Parents Died Without a Will in Florida?

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.