The Short Answer

In Florida intestate succession, if the person who died is survived by a spouse and you are the only biological child (and you are not also the spouse’s child), the surviving spouse generally receives one-half of the intestate estate and you generally receive the other one-half.

Stepchildren usually do not inherit under intestacy unless they were legally adopted by the decedent, but they can still affect the spouse’s share in certain family situations.

What Florida Law Says

Florida’s intestate succession rules first determine the surviving spouse’s share. Whatever does not go to the spouse then passes to the decedent’s heirs—starting with the decedent’s descendants (children, grandchildren, etc.). In plain terms: the spouse’s percentage is set by statute, and then the children split what’s left.

The Statute

The primary law governing this issue is Fla. Stat. 732.102.

This statute establishes that when the decedent has one or more descendants who are not also descendants of the surviving spouse, the surviving spouse’s intestate share is one-half of the intestate estate (and the remaining half passes to the decedent’s descendants).

Florida also provides that the portion not passing to the spouse goes to the decedent’s descendants. See Fla. Stat. 732.103.

If your question is really about stepchildren: stepchildren are generally not “descendants” for intestacy purposes unless there was an adoption. For more on that issue, see Can Stepchildren Inherit Without Adoption or a Will 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:

• What counts as the “intestate estate”: Some assets may pass outside probate (for example, certain jointly titled assets or beneficiary-designated accounts), which can dramatically change what is actually divided under intestacy.
• Who legally qualifies as a “descendant”: Questions about adoption, paternity, or whether someone is legally a child of the decedent can change the shares and who inherits at all.
• Special Florida property rules: Florida homestead can follow its own inheritance path when there is a surviving spouse and descendants, which can create a very different result than “50/50.” (See generally Fla. Stat. 732.401.)

Trying to handle this alone can lead to avoidable conflict, incorrect distributions, or delays in administering the estate—especially in blended-family situations involving a spouse and stepchildren.

If you want a deeper overview of how children inherit when there is no spouse (a common comparison point), you may also find this helpful: Can Three Children Inherit Everything If Theres No Will and No Spouse in Florida?.

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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.