If you die in Florida without first having made your Last Will and Testament, you die intestate per Florida law. What this means is that Florida law will decide which of your family members will receive which portion of your probate estate.

The Florida Bar sets forth many of the intestacy distributions that can occur.

Surviving spouse situations

Your surviving spouse will receive 100% of your probate estate if (s)he survives you and you leave no descendants, i.e., surviving children. (S)he will likewise inherit 100% if (s)he survives you and you and (s)he have no surviving children, plus (s)he has no descendants of his or her own by a previous spouse or partner.

However, if you leave a surviving spouse and one or more surviving children, but your spouse does have one or more descendants of his or her own by a previous spouse or partner, (s)he will inherit only 50% of your probate estate and your surviving child(ren) will inherit the other 50%.

No surviving spouse situations

If you leave one or more surviving children, but no surviving spouse, those children will share equally in your entire probate estate. Should a child predecease you, but one or more of his or her children survive you, these grandchildren will equally share in your probate estate portion that their parent would have inherited from you had (s)he had been alive at the time of your death.

No surviving spouse or descendants situations

Your parents will inherit your entire probate estate if you leave no surviving spouse or descendants. If your parents, spouse and descendants have all predeceased you, then your siblings will inherit from you.