The Short Answer

In Florida, when someone dies without a will, their home generally passes to the legal heirs under Florida’s intestate succession laws—but clearing (and recording) marketable title usually still requires a probate court process or a court order determining who the heirs are. With multiple heirs, the property commonly ends up owned by the heirs together (as co-owners), which can create immediate issues if anyone wants to sell, refinance, or disagree about what to do next.

What Florida Law Says

Florida’s intestate succession rules determine who inherits when there is no valid will, and the heirs’ rights vest at death. However, even if heirs “inherit” at death, third parties (title companies, lenders, buyers) typically require probate documentation (or a homestead/heirship order) to confirm the heirs and remove the decedent from record title.

If the decedent had a surviving spouse and/or children (or other descendants), the spouse’s share and the descendants’ shares depend on the family tree. If there is no surviving spouse, the property generally descends first to descendants; if none, then to parents; then to siblings (and so on).

Homestead can change the analysis. If the home was the decedent’s Florida homestead and the decedent is survived by a spouse and descendants, Florida law can create a life estate for the spouse with remainder interests for the descendants (or allow an election into a 50/50 tenancy in common arrangement), which directly affects who can sign for a sale and what interests must be addressed.

The Statute

The primary law governing intestate inheritance is Fla. Stat. a7 732.101.

This statute establishes that any part of an estate not disposed of by a will passes to the decedent’s heirs under Florida’s intestate succession scheme, and that the decedent’s death is the event that vests the heirs’ rights.

Depending on whether there is a surviving spouse and/or descendants, the shares are determined under related statutes such as Fla. Stat. a7 732.102 (spouse’s share) and Fla. Stat. a7 732.103 (shares of other heirs). If the property is homestead, Fla. Stat. a7 732.401 may control how the homestead interest descends.

For a deeper dive, you may also want to read: How Do I Transfer Title to Inherited Real Estate After Probate in Florida? and Can We Avoid Probate to Transfer Our Parents’ House to Siblings in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general inheritance rules, applying them to a specific home with multiple heirs is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the property is homestead and there is a surviving spouse, Florida law includes a time-sensitive election that can affect ownership structure (for example, the spouse’s election in lieu of a life estate under Fla. Stat. a7 732.401).
• Burden of Proof: You must correctly identify all heirs (including children from prior relationships, adopted descendants, or descendants of a deceased child). Missing an heir can derail a sale and create future title claims.
• Exceptions: The deed type matters (for example, joint ownership with survivorship rights or tenancy by the entireties can keep the home out of intestate transfer rules). Homestead status can also change who inherits and what interest they receive.

When multiple heirs inherit, disagreements are common—especially about repairs, occupancy, rent, or selling. An attorney can help confirm the correct heirs, determine whether the home is homestead, and obtain the right court orders so the title can be insured and transferred without future legal surprises.

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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.