Question 1

How is per stirpes distribution applied in Florida intestate succession?

Accepted Answer

Intestate application: when a Florida resident dies without a will (intestate), Section 732.104 distributes the estate per stirpes: if the decedent is survived by a spouse and descendants (all of whom are also descendants of the surviving spouse): the spouse receives the first $60,000 plus half the balance; descendants receive the rest per stirpes. If the decedent has descendants but no surviving spouse: the entire estate passes to the descendants per stirpes. The per stirpes distribution begins at the first generational level where there are living descendants.

Question 2

What happens when per stirpes language is ambiguous in a Florida will?

Accepted Answer

Ambiguity: if the will uses "per stirpes" without specifying the starting generation, Florida courts will: begin the distribution at the first generational level below the testator (children), even if no children survive (in which case the estate is divided among the branches at the grandchild level). The key question is: where does the distribution begin? Modern per stirpes (Section 732.104): the shares are calculated at the first generation with living descendants. Classic per stirpes: the shares are always calculated at the first generation (children), even if all children have predeceased. Drafting best practice: specify "per stirpes beginning at the level of my children" or "per stirpes beginning at the first level of living descendants."

Question 3

How does per stirpes interact with adopted and half-blood relatives in Florida?

Accepted Answer

Special situations: adopted children (Section 732.108): an adopted person is treated as a natural descendant of the adoptive parents for inheritance purposes (and loses inheritance rights from biological parents, with exceptions for adoption by a stepparent). Half-blood relatives (Section 732.105): half-blood relatives inherit a full share (the same as whole-blood relatives). Posthumous descendants (Section 732.106): a child conceived before but born after the decedent’s death inherits as if born during the decedent’s lifetime.

Per Stirpes Distribution Estate Bequest

Per Stirpes Distribution in Florida Estates

Intestate Rules

Ambiguity Resolution

Special Situations

Related Terms

Barnes Walker Estate Planning

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