The Short Answer

In Florida, if someone dies without a will and there is no surviving spouse, the estate generally passes to the decedent’s descendants (children and, if applicable, grandchildren). In the common situation where the decedent is survived by three living children, those children typically inherit the intestate estate in equal shares.

What Florida Law Says

Florida’s intestate succession rules determine who inherits property that is not effectively disposed of by a valid will. When there is no surviving spouse, Florida law prioritizes the decedent’s descendants first. Distribution is generally handled per stirpes, meaning a deceased child’s share can pass down to that child’s descendants (for example, grandchildren) rather than being reallocated equally among surviving siblings.

If you’re dealing with a “no spouse, three children” scenario, the key legal questions are usually whether all three children are legally recognized heirs under Florida law and whether any child predeceased the decedent (which can change how shares are allocated under per stirpes distribution).

The Statute

The primary law governing this issue is Fla. Stat. § 732.103.

This statute establishes that when there is no surviving spouse, the intestate estate descends to the decedent’s descendants first.

Florida also provides that intestate inheritance is per stirpes under Fla. Stat. § 732.104, which is especially important if any child died before the decedent but left descendants.

For more background reading, you may also find these helpful: What happens if my parents died without a will in Florida? and Do grandchildren inherit a deceased beneficiary’s share in Florida?.

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 creditor issues can create time-sensitive risks, and delays can increase costs or trigger disputes—especially when assets must be marshaled, valued, and properly transferred.
• Burden of Proof: Heirship is not always straightforward (for example, questions about paternity, adoption, or whether an heir legally survived the decedent). Documentation problems can stall or derail administration.
• Exceptions: Not everything passes through intestacy—some assets transfer outside probate (beneficiary designations, joint ownership, certain trust assets), and disputes can arise over what is actually part of the intestate estate.

Trying to handle this alone can lead to avoidable conflict among family members, incorrect distributions, or court complications that ultimately cost more to fix than to do correctly from the start.

Get Connected with a Florida Attorney

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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.