Frequently Asked Questions
How Accurate Is This Intestacy Calculator?
It applies Florida’s intestate succession statute (§732.102 for a surviving spouse and §732.103 for other heirs) to the common family situations. It is an estimate to show you how the default rules work, not legal advice, and it does not cover every wrinkle, adopted and half-blood relatives, a child born after death, simultaneous deaths, or disclaimers. Your Florida homestead also descends by its own special rules, separate from the rest of the estate.
Does This Cover My House and All My Assets?
No. Intestacy only controls your "probate estate", assets in your sole name with no other instruction. Anything with a named beneficiary (life insurance, retirement accounts), a pay-on-death or transfer-on-death designation, joint ownership with survivorship, a lady bird deed, or property in a trust passes outside intestacy regardless. Your Florida homestead follows separate descent rules. So the real-world split can differ from the pure formula.
Why Are Blended Families Most at Risk?
Because of one rule that surprises people: if you are married but have a child from another relationship (or your spouse does), your spouse does NOT inherit everything. Your spouse takes half and your descendants split the other half. Many couples assume the survivor gets it all; under intestacy, in a blended family, they do not. A simple will or trust fixes this.
How Do I Make Sure My Wishes Control Instead?
Put a will or a funded revocable trust in place. Then Florida’s default formula never applies, you decide who receives what, name a guardian for minor children, and can use a lady bird deed to pass the home outside probate. We build the plan for a flat fee and tell you which tools fit at a free consult.
Sources of Law
- Fla. Stat. §732.102 (share of the surviving spouse); §732.103 (share of other heirs); homestead descent under Fla. Const. Art. X §4(c) and §732.401. Full guide to Florida intestate succession → (retrieved 2026-06-09)
Updated June 9, 2026. Reviewed by Kevin D. Klagge, Esq., Fla. Bar No. 99502. General information about Florida law, not legal advice. Do not send confidential information until we have agreed to represent you.