The Short Answer

In Florida, whether a deceased beneficiary’s share passes to their children (your grandchildren) usually depends on the exact wording of the will and whether Florida’s “anti-lapse” statute applies. If it applies and the will does not clearly say otherwise, the deceased beneficiary’s surviving descendants typically take that beneficiary’s share per stirpes (by family branch), not all equally as one group.

What Florida Law Says

When a will leaves property to a person who dies before the testator, the gift can “lapse” (fail) unless the will provides an alternate plan or Florida law supplies a substitute beneficiary. Florida’s anti-lapse rule can create a substitute gift for certain family members, meaning the deceased beneficiary’s descendants step into that beneficiary’s place and inherit the share the beneficiary would have received.

The Statute

The primary law governing this issue is Fla. Stat. § 732.603.

This statute generally provides that, unless the will shows a contrary intent, if a devisee who is a grandparent (or a descendant of a grandparent) of the testator does not survive the testator (or is treated as predeceasing), a substitute gift is created for the devisee’s surviving descendants, who take per stirpes.

Florida law also reinforces that multigeneration gifts (like gifts to “descendants” or “issue”) are generally interpreted as per stirpes unless the will says otherwise. See Fla. Stat. § 732.611.

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 wording in the will: Florida’s anti-lapse rule can be defeated by “words of survivorship” (for example, gifts to “my surviving children” or “if he/she survives me”), which can change whether grandchildren take at all. See Fla. Stat. § 732.603(3).
• Burden of proof and family-tree evidence: The personal representative typically needs clear proof of who qualifies as a “descendant,” which can involve paternity issues, adoption questions, or missing heirs.
• Exceptions (trust vs. outright gifts): Florida’s anti-lapse statute in the Probate Code applies only to certain outright devises; gifts “in trust” can be treated differently under Florida law. See Fla. Stat. § 732.603(4).

Because a wrong distribution can trigger objections, surcharge claims against the personal representative, or expensive litigation among family members, it’s smart to have a Florida probate attorney review the will language and the family relationships before any distribution is made.

If you want more background reading, see: How Does Florida’s Anti-Lapse Statute Apply When a Will Beneficiary Dies Before the Testator but Leaves Children?

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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.