The Short Answer

In Florida, when an heir properly disclaims an inheritance, the law generally treats that heir as having died before the inheritance was created—so the disclaimed share typically “skips” them and passes to the next person in line under the will/trust or intestacy rules. That can increase or accelerate what the remaining heirs receive, but it does not automatically eliminate valid estate creditor claims, and a disclaimer may be ineffective if the disclaiming heir is insolvent.

What Florida Law Says

A disclaimer is a legal refusal to accept a property interest. Florida’s disclaimer rules are designed to determine who receives the disclaimed share and when the disclaimer is treated as effective. The key concept is the “as if predeceased” treatment: if the disclaimer is valid, the disclaiming heir is treated as not taking the property, and the property passes under the governing document’s disclaimer clause (if any) or under default rules.

The Statute

The primary law governing this issue is Fla. Stat. § 739.201.

This statute establishes that a disclaimer generally takes effect as of the time the interest becomes irrevocable (or, for intestate succession, at death) and that the disclaimed interest passes under the governing instrument’s disclaimer provision—or, if none, as if the disclaimant had died immediately before the interest was created.

Important creditor-related limitation: A disclaimer can be barred and therefore ineffective in certain situations, including if the disclaimant is insolvent when the disclaimer becomes irrevocable. See Fla. Stat. § 739.402.

For a deeper dive on related topics, you may also want to read: How creditor claims are handled in a Florida estate and how to evaluate inheritance rights to family property 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 timing and “acceptance” issues: A disclaimer can be barred if the heir already accepted the inheritance or transferred/encumbered it before disclaiming. See Fla. Stat. § 739.402.
• Burden of proof and paper trail: If other heirs or creditors challenge the disclaimer, the estate may need to prove the disclaimer was valid, timely, and not barred (and that the distribution followed the will/trust or intestacy rules).
• Creditor and insolvency consequences: Disclaimers can intersect with creditor rights in high-stakes ways—especially if the disclaiming heir has judgments, bankruptcy issues, or other insolvency concerns, because insolvency can make the disclaimer ineffective under Florida law. See Fla. Stat. § 739.402(2)(d).

In practice, one heir’s disclaimer can change who receives what, trigger disputes among family members, and create creditor litigation risk. A Florida probate attorney can evaluate whether the disclaimer is effective, how the disclaimed share should be redistributed, and how creditor issues should be handled in the estate administration.

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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.