The Short Answer

Generally, no. Under Florida intestacy law, a stepchild typically does not inherit from a stepparent unless the stepchild was formally adopted by the stepparent or was specifically provided for in a valid estate plan (such as a will or trust).

That said, inheritance outcomes can change depending on whether there was a legal adoption, how parent-child status is established, and what assets are actually part of the probate estate.

What Florida Law Says

Florida intestacy rules distribute probate assets to the decedent’s legal “heirs.” In most cases, that means a surviving spouse and the decedent’s legally recognized descendants (children and further descendants). A stepchild is not automatically treated as a “descendant” of a stepparent for intestate inheritance purposes.

The Statute

The primary law governing this issue is Fla. Stat. § 732.108.

This statute explains who is treated as a descendant for intestate succession purposes, including how adoption affects inheritance rights—meaning a person generally inherits as a child of the adopting parent, but a step-relationship alone does not create intestate inheritance rights.

If your situation involves whether someone qualifies as a legal child/heir (for example, adoption or other parent-child status issues), you may also see related rules in Florida’s adoption statutes, including Fla. Stat. § 63.172 (effect of a judgment of adoption).

Related reading: how intestate estates are split between a surviving spouse and children in Florida and how to evaluate inheritance rights to family property.

Why You Should Speak with an Attorney

Even when the “stepchildren don’t inherit” rule seems straightforward, real probate cases often turn on details that are easy to miss. Legal outcomes often depend on:

• Strict Deadlines: Probate and creditor timelines can affect what property is available to distribute and when objections must be raised—waiting too long can limit options.
• Burden of Proof: If someone claims heir status (for example, based on adoption or other legal parent-child status), the court may require documentation and admissible evidence to establish that relationship.
• Exceptions and Non-Probate Assets: Many valuable assets pass outside intestacy (beneficiary designations, joint ownership, certain trust assets). A stepchild may receive something through those mechanisms even if they are not an intestate heir—while disputes can arise if paperwork is unclear or contested.

Trying to handle this alone can lead to avoidable disputes, missed rights, or an incorrect distribution that later triggers litigation. A Florida probate attorney can quickly identify whether the stepchild has any viable claim, what assets are in play, and the safest path forward.

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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.