How does intestate succession divide assets between a surviving parent and children in North Carolina? - Florida
The Short Answer
Under Florida intestate succession law, a surviving parent generally does not share an intestate estate with the decedent’s children. If the decedent left surviving children (or other descendants), the descendants inherit first; a parent inherits only if there are no surviving descendants.
What Florida Law Says
When someone dies without a valid will, Florida law distributes the probate estate in a set order. After accounting for any surviving spouse’s share (if applicable), Florida prioritizes the decedent’s descendants (children, grandchildren, etc.). Only if there are no descendants does the law move “up” to the decedent’s parents.
That means there typically is no “split” between a surviving parent and children: the children take ahead of the parent.
The Statute
The primary law governing this issue is Fla. Stat. § 732.103.
This statute establishes that the intestate estate (or the portion not passing to a surviving spouse) goes first to the decedent’s descendants, and only if there are no descendants does it go to the decedent’s father and mother (equally) or the surviving parent.
Related reading: Can three children inherit everything if there’s no will and no spouse 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 inheritance disputes can involve hard filing cutoffs and notice requirements that may affect rights if missed.
- Burden of Proof: Establishing who legally qualifies as a “descendant” (including paternity issues, adoption, or other family-status questions) can require evidence and court findings.
- Exceptions: What counts as part of the “estate” can be complicated—some assets pass outside probate (beneficiary designations, joint ownership, certain trusts), and special rules can apply to particular property types.
Trying to handle this alone can lead to avoidable disputes, delays, or an incorrect distribution that triggers litigation.
Related reading: Can children born out of wedlock inherit under Florida intestate succession law?
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.