The Short Answer

In Florida, your “rights” to a family property usually depend on (1) how the property was titled, (2) whether there is a valid will or trust, and (3) whether Florida’s homestead and intestate succession rules apply. If the owner died without an effective plan, Florida law generally passes probate property to the legal heirs at death—but homestead and survivorship title can change the result.

What Florida Law Says

When someone dies owning property, Florida distinguishes between property that passes automatically by title/beneficiary designation (often outside probate) and property that becomes part of the probate estate. If there is no will (or the will doesn’t dispose of everything), Florida’s intestate succession statutes determine who inherits. Separately, Florida’s homestead rules can restrict who receives a primary residence and in what form (for example, a surviving spouse may receive a life estate or may elect a one-half interest as a tenant in common in certain situations).

Because “family property” is often a home, homestead status and the existence of a surviving spouse/children are frequently the deciding factors in who owns what share.

The Statute

The primary law governing inheritance when there is no effective will is Fla. Stat. § 732.101.

This statute establishes that any part of a decedent’s estate not effectively disposed of by will passes to the decedent’s heirs under Florida’s intestate succession rules, and that heirs’ rights vest at death.

For many families, the key property is the residence. Florida’s homestead descent rules are addressed in Fla. Stat. § 732.401, which can change how the home passes when there is a surviving spouse and descendants.

If you want a deeper read on common scenarios, see: What Happens If My Parents Died Without a Will in Florida? and Why Isn’t an Inherited House a Probate Asset in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a specific family property is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Homestead elections can have time limits—for example, a surviving spouse’s election under the homestead descent statute must generally be made within 6 months after death. See Fla. Stat. § 732.401.
• Burden of Proof: You may need evidence of title, marital status, family relationships, and whether the property qualifies as protected homestead—issues that can trigger disputes among heirs.
• Exceptions: Joint ownership with survivorship, tenancy by the entireties, pay-on-death/beneficiary designations, and homestead restrictions can override what family members “assume” is fair or intended.

Trying to handle this alone can lead to avoidable conflict, clouded title, or a court outcome that doesn’t match your expectations. A Florida probate attorney can quickly identify whether the property is a probate asset, whether homestead rules control, and what share (if any) you can claim.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.