The Short Answer

In Florida, when someone dies without a will, the “heirs” are determined by Florida’s intestate succession statutes—not by who was closest to the person emotionally or who paid expenses. If there is no surviving spouse and no children (or other descendants), Florida law moves outward in a specific order (parents, siblings, then more extended family), and shares are generally divided per stirpes (by family branch).

What Florida Law Says

Florida intestate succession follows a priority list. If there is no surviving spouse who takes under the spouse-share statute, the estate passes to the next category of relatives in line. When the heirs are in an “extended family” category (like nieces/nephews, aunts/uncles, or cousins through an aunt/uncle), Florida generally divides the inheritance by branch, meaning a deceased relative’s share can pass down to that relative’s descendants.

In practical terms, for an estate like a home titled only in the decedent’s name, determining the correct heirs matters because the right people must be identified to transfer or sell the property, and title companies/courts typically require clear proof of the family tree.

The Statute

The primary law governing this issue is Fla. Stat. § 732.103.

This statute establishes the order of inheritance when there is no will (generally: descendants first; if none, parents; if none, siblings and the descendants of deceased siblings; if none, then the estate splits one-half to paternal kindred and one-half to maternal kindred, starting with grandparents, then aunts/uncles and their descendants).

Florida also provides that intestate shares are generally divided per stirpes (by branch): Fla. Stat. § 732.104.

If you want a deeper overview of how Florida defines “next of kin” and heirs, you may also find this helpful: Who Counts as “Next of Kin” in Florida After Someone Dies?.

Why You Should Speak with an Attorney

While the statutes provide the general order of heirs, applying them to a real family situation (especially with only extended family remaining) is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Even when there is “just a house,” probate and creditor issues can create time-sensitive risks (and delays can complicate title, taxes, insurance, and a potential sale).
• Burden of Proof: Extended-family inheritance often requires solid proof of lineage (birth/death records, marriage/divorce history, and a reliable family tree). Missing documents can stall the case or trigger disputes.
• Exceptions and edge cases: Determining whether someone is in the “descendants” line, whether a deceased sibling’s children inherit, and how the paternal/maternal split applies can change the shares dramatically under Fla. Stat. §§ 732.103–.104.

Trying to handle an extended-family intestate estate without counsel can lead to incorrect heir determinations, clouded title to the home, or court delays that cost the family time and money.

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.