Detailed Answer — Florida intestate succession among children

When someone dies without a valid will in Florida, state law (Chapter 732 of the Florida Statutes) determines who inherits. The rules focus first on the surviving spouse and descendants (children and further descendants). The most relevant rules for children are summarized below and are drawn from Florida’s intestacy statutes. For the full text, see the Florida Statutes, Title XLII, Probate, Chapter 732: Florida Statutes Chapter 732.

1) If the decedent left children but no surviving spouse

The decedent’s entire estate passes to the decedent’s children, divided equally. If a child of the decedent died before the decedent but left children of their own (grandchildren of the decedent), those grandchildren step into their deceased parent’s share and divide it among themselves by right of representation (commonly called “per stirpes” distribution).

2) If the decedent left a surviving spouse and children who are all also children of that spouse

If every child of the decedent is also a child of the surviving spouse (for example, the decedent and spouse had all the children together), the surviving spouse generally takes the decedent’s entire intestate estate under Florida law. (See Chapter 732 for the statutory language.)

3) If the decedent left a surviving spouse and some children are not the spouse’s children

If the surviving spouse is not the parent of all the decedent’s children (for example, the decedent has one or more children from a prior relationship), Florida splits the estate between the spouse and the decedent’s descendants. In that common scenario, the intestate estate is divided so that the surviving spouse receives a statutory share and the non-spouse descendants receive the remainder. The statutory formulas are in Chapter 732 and depend on whether the descendants are also descendants of the surviving spouse; consult the statute for precise allocations.

4) How the law treats predeceased children and representation

When a child of the decedent predeceases the decedent but leaves surviving descendants (the decedent’s grandchildren), those descendants inherit the deceased child’s share. For example, if a decedent has three children, one of whom died before the decedent but left two children, the living child and the two grandchildren split the estate in three equal shares: one share to each surviving child and the deceased child’s share divided between that child’s two children. This is the effect of the representation rules found in Florida intestacy law.

5) Adopted children, children born out of wedlock, and other relationship issues

Adopted children are treated the same as biological children for intestate succession. Children born out of wedlock can inherit from a deceased parent if paternity is established under Florida law. Stepchildren who were never legally adopted generally do not inherit through intestacy unless adoption or another legal relationship exists. The statutes and related case law govern how adoption and paternity affect intestate shares—see Chapter 732 and related Florida statutes for detail.

6) Posthumous children and children conceived before death

Children conceived before the decedent’s death but born afterward may inherit if they meet the legal requirements for being deemed heirs (often proof of conception before death and birth after death). The precise rules and timing can matter, so families often need legal help to confirm rights for posthumous children.

7) Practical examples

• Example A — No spouse, three children: Each child receives 1/3 of the estate. If one child predeceased but left two children, distribution becomes: surviving child 1/3, the predeceased child’s two children split 1/3 (so each gets 1/6).
• Example B — Surviving spouse and all children are also spouse’s children: Surviving spouse inherits everything (statutory rules apply).
• Example C — Surviving spouse and one child from a prior relationship: The spouse and the child divide the estate under the statutory formula—consult the statute or an attorney to calculate the exact shares.

For the exact statutory allocations and definitions, read Chapter 732 of the Florida Statutes: Florida Statutes, Chapter 732 (Probate: Intestate Succession).

8) Administration and practical next steps

When someone dies intestate, one of the estate administration steps is appointment of a personal representative (formerly called “executor”) by the probate court. Small-estate procedures (summary administration) may be available in many Florida cases and can speed distribution if the estate value meets statutory thresholds. See Florida’s summary administration rules: Florida Statutes, Chapter 735 (Administration) and look for the summary administration provisions.

Because family relationships (adoption, paternity, stepchildren), creditor claims, taxes, and procedural deadlines can affect who actually receives property and when, many families consult a probate attorney to confirm shares and complete administration properly.

Helpful Hints

• Start with Chapter 732 of the Florida Statutes to see the exact legal language: Florida Statutes Chapter 732.
• Gather records: birth certificates, adoption papers, marriage certificates, and any documents proving paternity or posthumous conception/birth.
• If a child predeceased the decedent, collect documentation of the predeceased child’s surviving children so the court can apply representation rules.
• Check whether the estate qualifies for summary administration (a streamlined probate process) under Florida law—this can reduce time and cost.
• Consider whether any children were legally adopted by others, as that can change intestacy rights; obtain adoption decrees if applicable.
• If paternity is unclear, preserve evidence and consult an attorney about establishing paternity for intestacy purposes; DNA or court orders may be required.
• Be mindful of creditors’ claims and filing deadlines in probate; inheritance is not immediate until administration and creditor claims are resolved.
• When in doubt, contact a Florida probate attorney. Probate lawyers can calculate shares, prepare required petitions, and represent beneficiaries or personal representatives in court.