Loune-Djenia Askew, Esq
Jun 9, 2025
Let’s walk through how inheritance works in Florida, whether your loved one left a will or not.
When a loved one passes away, their belongings don’t just disappear into a legal void. In Florida, there’s never a moment when property is left without an owner. Thanks to state laws, ownership changes immediately — and that process can affect what you inherit and when you receive it.
Let’s walk through how inheritance works in Florida, whether your loved one left a will or not.
Florida’s Law of Succession: Ownership Transfers Instantly
As soon as someone dies in Florida, ownership of their property changes instantly. This is called the “law of succession.” Property could go to:
Individuals (like family members)
An estate
A trust
A legal entity (LLC, corporation, etc.)
Who gets what depends on whether or not there was a valid will.
If There’s a Will: Beneficiaries Inherit
When someone leaves a Last Will and Testament, it lists who inherits their assets. These individuals are called “beneficiaries.” The probate court uses the will to transfer ownership.
If There’s No Will: Heirs Inherit Under Florida Law
If someone dies without a will, Florida law steps in. The law decides who gets what through a process called intestate succession.
The legal heirs (like spouses, children, or siblings) are identified by the laws of descent and distribution. These laws also determine what share of the estate each heir receives.
Homesteads and Special Rules
Some types of property, like a primary residence (homestead), have special legal protections. The surviving spouse and minor children may get priority over others when it comes to this property.
Real vs. Personal Property: What’s the Difference?
Florida law treats land (real estate) and everything else (personal property) a bit differently:
Real Estate: Ownership passes to heirs right away but may be subject to debts or claims from the estate.
Personal Property: The personal representative (executor) controls it first, then distributes it after debts are paid.
The Role of the Personal Representative
The personal representative is in charge of the estate. They:
Pay the decedent’s debts (mortgages, taxes, etc.)
Manage or sell property if needed
Handle legal paperwork
Eventually distribute remaining assets to heirs
Until all of this is done, heirs only have a “contingent” interest in the property. That means they don’t fully own it yet.
Can Heirs Lose Their Inheritance?
Yes, in certain situations:
The estate needs the property to pay debts.
The heir refuses the property or transfers it to someone else.
A creditor of the heir makes a legal claim.
Even though heirs can’t generally lose inherited property to personal creditors during probate, there are exceptions — especially if a creditor already has a court judgment.
What Kind of Ownership Do You Get?
If you inherit alone, you’ll likely get full (fee simple) ownership.
If multiple heirs inherit, like several siblings, you’ll each own a share as tenants in common.
That means you share the property and the responsibility for it — including taxes and maintenance.
Inheriting Property Isn’t Always Simple
Whether or not there’s a will, Florida’s inheritance laws are designed to transfer ownership smoothly — but that doesn’t mean it’s simple. Between legal paperwork, debts, taxes, and court processes, it helps to have legal guidance to make sure everything goes as it should.