The Short Answer

In Florida, “next of kin” usually means the people who inherit under Florida’s intestate succession laws when there is no valid will (or when a will doesn’t dispose of everything). For a surviving spouse, the answer often depends on whether the decedent had children (and whether those children are also the surviving spouse’s children).

What Florida Law Says

Florida doesn’t rely on a single universal “next of kin” definition for every purpose. In probate, the practical way to identify “next of kin” is to determine the decedent’s legal heirs under Florida’s intestacy rules (who inherits if there is no will). Those rules prioritize the surviving spouse and descendants first, then parents, then siblings, and then more remote relatives if needed.

The Statute

The primary law governing who inherits (and therefore who is commonly treated as “next of kin” in an intestate probate) is Fla. Stat. § 732.103.

This statute establishes the order of inheritance for anyone not covered by the surviving spouse’s share—generally: descendants first, then parents, then siblings (and their descendants), then certain grandparents/aunts/uncles and their descendants.

Because you indicated the decedent appears to be your spouse, the spouse’s intestate share is also critical. Florida addresses that in Fla. Stat. § 732.102, which can result in the surviving spouse receiving all of the intestate estate in some family situations, and only one-half in others.

If you’re trying to understand how “next of kin” affects specific assets (like a home or jointly titled accounts), it may help to read: Does Joint Ownership Between Spouses Change Who Inherits the Property in Florida? and How Do I Figure Out My Inheritance Rights to a Family Property in Florida?.

Why You Should Speak with an Attorney

While the statutes provide the general order of who inherits, applying them to a real family is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate administration and related claims can be time-sensitive, and delays can create avoidable disputes or missed rights.
• Burden of Proof: You may need documentation to prove the marriage, determine whether there are descendants, and confirm legal relationships (including adoption, prior marriages, or disputed parentage).
• Exceptions: “Next of kin” can change depending on whether there is a valid will, whether assets pass outside probate (beneficiary designations/joint ownership), and whether there are children from outside the marriage (a key factor under Fla. Stat. § 732.102).

Trying to handle this alone can lead to incorrect notices, contested heirship, or a distribution plan that doesn’t match Florida law—problems that can be expensive to fix once the case is underway.

Get Connected with a Florida Attorney

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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.