Heir at Law
An heir at law inherits by operation of Florida's intestacy statutes (§§732.101-732.111) when no valid will exists. They have standing to challenge wills, participate in probate, and receive estate administration notice.
Intestacy Priority
- Surviving spouse
- Descendants (per stirpes)
- Parents
- Siblings and their descendants
- Grandparents and remote relatives
- No heirs: escheats to State of Florida
Determining Status
- Family relationships at time of death
- Adoption: heirs of adoptive parents, not biological
- Posthumous children qualify as heirs
- Probate court makes formal determination
Real Estate Impact
All heirs must join in deeds. Unknown heirs create title defects. Heir property with undivided interests is common in historically minority communities.
Related Terms
- Estate Planning — Inheritance planning
- Evidence of Title — Chain of title
- Closing — Probate property transfers
Barnes Walker Estate Planning
Barnes Walker's attorneys determine heir at law status and resolve inheritance disputes in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC