Who Are Heirs in Florida?

Heirs can inherit an entire Florida probate. Like….. all the property of the dead Florida resident. BUT, there are rules. To learn more about whether you are an heir or not, keep reading, or click here.

Florida Probates + Family

Who are heirs in Florida?

That class of “legal actors” are those who inherit under the laws of intestacy.

There is a Florida statute right on point in the Florida Probate Code.

Check out Florida Statute 731.201(20).

These can include the surviving spouse (if any), adult or minor children, and, maybe, grandchildren (children of deceased children).

To read more about intestacy, click here.

Quick note: an heir may be different than an “interested person.” Remember, not everyone can participate in a Florida probate. You need some connection. That’s an interested person.

And remember: often, one’s house or homestead is very, very valuable. So, find out how the house “goes” and see if you get a share.

Who Are Heirs and What Do They Inherit?

In Florida, a person has the right to dispose of her wealth as she sees fit.

That means that she can leave it all to whomever she wants.

You just can’t dis-inherit your spouse completely.

A surviving spouse has a LOT of inheritance rights.

Unless they signed a prenup.

Children…………..that’s a different story.

But, if there is no will, that’s called intestacy.

Heirs inherit the entire estate in an intestacy. What some call an “intestate estate.”

But remember, heirs only get paid after all the creditors, taxes and expenses of estate administration are paid.

To read more about what heirs inherit, check out Florida Probate Code 732.101-732.104.