Heir Under Florida Law
An heir inherits property by operation of law when the decedent dies without a valid will (intestate). Florida's intestacy statute (§§732.101-732.111) determines heir priority and shares. If no heirs exist, property escheats to the state.
Intestacy Priority
- Surviving spouse: All (no descendants) or share per family structure
- Descendants: Children and their descendants
- Parents: If no spouse or descendants
- Siblings: If no spouse, descendants, or parents
- Remote relatives: Grandparents, aunts, uncles, cousins
Real Estate Impact
- Intestate succession transfers property interest
- Homestead descent restrictions apply
- Title companies verify transfer through probate
- Heir property: fractional interests create complications
- Abandoned heir property vulnerable to adverse possession
Heir vs. Beneficiary
Heir inherits by statute (no will); beneficiary receives by designation (will, trust, policy). Surviving spouse has elective share right (§732.201) even with a will.
Related Terms
- Estate Planning — Inheritance planning
- Evidence of Title — Heir property title
- Closing — Probate property closings
Barnes Walker Estate Planning
Barnes Walker's attorneys advise on Florida inheritance rights and heir property issues. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC