Florida Inheritance Laws in 2026: Everything You Need to Know
Here’s something most people don’t realize: if you live in Florida or inherit from someone who did, you’re actually in a pretty good situation. Florida doesn’t charge inheritance tax or state estate tax. That’s right—no extra taxes when you inherit. Most states will take a cut, but Florida says, “Keep it all.”
But just because there’s no tax doesn’t mean the rules are simple. Far from it. Florida has very specific inheritance laws that determine exactly who gets what, and when. And honestly? Getting it right is important. Let me break down what you actually need to know.
What Is Inheritance in Florida?
So, what does “inheritance” actually mean? It’s the money, property, or other stuff someone leaves behind after they die. In Florida, how that inheritance gets divided depends on one main thing: did the person who died leave a will?
If they did, great—the will usually controls everything. If they didn’t? Florida’s intestacy laws kick in. These laws basically say, “Here’s who gets what” based on family relationships. Think of it like Florida’s default plan when someone didn’t make their own.
The Two Paths: With a Will or Without One
Here’s the key thing to understand. There are literally two different inheritance worlds in Florida, and which one applies changes everything.
When There’s a Will
If someone left a valid will, their estate gets distributed exactly how that will says. Pretty straightforward, right? The person who died (we call them the “decedent”) gets to choose who gets what. Spouses, kids, friends, charities—they can name anyone.
Here’s the catch, though: the will has to be legally valid. It needs to be signed, dated, and witnessed by two people (not beneficiaries). It can’t be handwritten sloppily on a napkin and expect to hold up in court. Mistakes here are expensive.
When There’s No Will
This is where intestacy laws matter. If someone dies without a will, Florida’s law decides who inherits. And trust me, this is a situation where the laws get surprisingly specific. But don’t worry—I’m going to make this simple.
Intestacy Laws: Who Gets What (No Will Needed)
Okay, this is where it gets real. If there’s no will, Florida has a pecking order. Your spot on that list depends on your relationship to the person who died.
The Surviving Spouse Gets Priority
Let’s start with the top of the list. The surviving spouse? They’re the VIP in Florida inheritance law. Seriously.
If the person who died has no kids, or all their kids belong to the surviving spouse, that spouse gets everything. Everything. The whole estate. No splits, no sharing.
But here’s what happens if there are kids from a different relationship. The spouse gets half the estate. The other half gets divided equally among all the kids. So if someone had a new spouse and two kids from a previous marriage, the spouse gets 50%, and the two kids split the other 50% (25% each).
Wait, it gets better. During the probate process (which can take months or even years), the surviving spouse can get a family allowance of up to $18,000 to help pay bills. They also get first dibs on up to two vehicles from the deceased’s estate. These benefits exist because widows and widowers need real money to survive while waiting for the full estate to be divided.
Oh, and here’s a weird-but-important rule: Florida is an “elective share” state. This means even if someone writes a will that completely cuts out their spouse, that spouse can usually claim a portion of the estate anyway. It’s basically Florida saying, “Nice try, but we’re not letting you completely disinherit your spouse.”
Kids Come After Spouse
Children inherit what’s left after the spouse takes their share. Biological children get the strongest inheritance rights, including kids born outside of marriage (as long as paternity is established).
Here’s something most people find surprising: it’s actually pretty hard to completely disinherit a child in Florida. Even if a parent and child had a falling out before death, the child might still have inheritance rights if paternity can be proven—even if the parent never officially recognized them.
Now, stepchildren and foster children? They don’t get automatic inheritance rights unless they’re legally adopted or specifically named in a will. If you’re a stepparent and want your stepchild to inherit, you’ve got to put it in writing.
Parents, Then Siblings, Then… the State
If there’s no spouse or kids, the line goes to parents. Both parents get equal shares. If one parent already died, that parent’s share goes to the surviving parent.
No parents? Siblings inherit next, split equally. No siblings? The estate goes to the State of Florida (called “escheatment”). But here’s the good news: if you can prove you’re entitled to the money within 10 years, you can still claim it.
Special Rules for Spouses (Because Florida Really Protects Them)
Florida basically rolls out the red carpet for surviving spouses, and for good reason. A spouse loses their inheritance rights if they divorce the deceased person. But if the deceased dies while the divorce is pending or after they’ve just separated, the spouse keeps their rights. It’s all about timing.
Also important: if someone updated their will after getting divorced, any provisions favoring the ex-spouse in that new will usually don’t apply. But life insurance policies and retirement accounts? Those beneficiary designations don’t automatically change when you divorce. You’ve got to update those yourself. Many people mess this up.
One more thing: if you’re married to someone who’s not a U.S. citizen, gifts to them have special rules. But inheritances between spouses are generally unlimited, regardless of citizenship. Florida wants married couples to protect each other.
Children: Biological, Adopted, and… the Rest
Let’s talk about kids, because this matters for a lot of families. Biological children have strong inheritance rights in Florida. Born in or out of wedlock doesn’t matter—if paternity can be established, they inherit.
Legally adopted children? They have the exact same rights as biological children. Honestly, the law treats them identically, which is how it should be.
But here’s what doesn’t count: stepchildren (unless adopted), foster children (unless adopted), and biological children who were put up for adoption. They lose the right to inherit automatically.
Confused about adoption or paternity? Yeah, you’re not alone. This is where a lawyer actually becomes worth the money.
What About Life Insurance and Retirement Accounts?
This is the part where people usually get confused, and it’s actually super important. Not everything in someone’s estate goes through probate or follows intestacy laws. Some assets bypass the whole system.
Life insurance policies, retirement accounts (like 401(k)s and IRAs), and bank accounts with beneficiary designations? These go directly to whoever is named on them. They skip probate entirely. The person who died can specify exactly who gets these by naming a beneficiary on the account.
Here’s the problem: a lot of people never update their beneficiary designations. So their ex-spouse is still listed, or their old best friend, or whoever they named 15 years ago. When they die, that’s who gets the money. No matter what their will says. No matter what made sense at the time.
The lesson? Check your beneficiary designations regularly. Update them after big life events. Don’t assume they’ll follow your will.
Assets That Avoid Probate Entirely
You’ve heard the term “living trust” probably. It’s basically an agreement that says, “I’m putting my house (or money, or whatever) into this trust. When I die, it automatically goes to my chosen person.”
Assets in a living trust don’t go through probate. They avoid the whole messy court process. They also avoid the probate timeline, which can take months or years.
Bank accounts with “payable on death” designations work the same way. Same with property held with “joint ownership with rights of survivorship.”
These tools exist specifically to help families avoid the probate process. Smart people use them.
Homestead Property: Special Florida Rules
Florida has something called “homestead exemption,” and it’s a big deal. Your primary residence gets special protection in Florida law.
Here’s how it works: a surviving spouse automatically gets the house (if the person who died owned it as their primary home), regardless of what the will says. This is a major protection for surviving spouses.
If there’s no surviving spouse, the homestead goes to the heirs based on intestacy laws. But the key point is that homestead property doesn’t automatically go to creditors or get sold to pay debts. Florida says homestead property stays in the family.
The Probate Process: What Actually Happens
Okay, so someone died. They either have a will or they don’t. Now what?
The probate process is basically Florida court supervising the distribution of the estate. Here’s why it exists: the court makes sure debts get paid, creditors don’t get screwed, and the right people get the right stuff.
Probate takes time. Sometimes 6 months. Sometimes years. It depends on how complicated the estate is and whether anyone contests the will.
During probate, the court appoints a personal representative (basically an executor) to manage everything. This person handles bills, sells property if needed, and distributes assets. They have to account for everything to the court.
If someone had a trust instead of a will, they can often skip probate. Assets in a trust transfer directly to whoever was named to receive them. No court. No probate. Much faster.
Federal Estate Tax: The Big Number to Know
Here’s the thing about federal taxes: Florida doesn’t have them, but the feds do. If an estate is really big, federal estate tax might apply.
For 2026, the federal estate tax exemption is $15 million per person. That’s huge. It means if your estate is under $15 million, you probably don’t owe federal estate tax. Married couples get $30 million combined.
But notice I said “for 2026.” This number changes. In 2025, it was $13.99 million. And here’s the kicker: these exemptions are set to drop significantly after 2026 unless Congress changes the law. So if you’ve got a big estate, you might want to talk to someone about this sooner rather than later.
What About Gifts During Your Life?
You can give money to people while you’re alive. In 2026, you can give up to $19,000 per person per year without any tax consequences. That’s a solid number to remember. Married couples can give $38,000 per recipient if they coordinate.
But if you’re thinking about leaving a huge estate, gifts during your life can actually be a smart way to reduce taxes. This is the kind of thing to discuss with an estate planning attorney.
When Someone Disputes the Inheritance
Not everyone plays nice. Sometimes multiple people claim they should get stuff. Sometimes someone says the will is fake or made under pressure. What then?
This is called a “will contest.” It happens in probate court. The judge listens to everyone’s arguments and decides who’s right.
The good news: not every will dispute actually succeeds. Courts generally respect what people wrote in valid wills. To overturn a will, you usually need really solid evidence that something was wrong—like the person was not mentally competent, or someone coerced them.
If you think a will is fishy, talk to a lawyer. Don’t just assume you’ll win. But also don’t assume you can’t challenge it.
What If You’re a Minor and Inherit?
So you’re under 18 and someone left you money. What happens?
In Florida, if the inheritance is under $15,000, the child’s parents can usually collect it directly. Over $15,000? A guardian of the property needs to be appointed by the court. That person (often a parent) has to account for the money annually to the court until the kid turns 18.
There’s a way around this, though: the person who died could have put the money in a trust for the minor. When set up properly, a trustee can manage the money and give it to the kid as needed, without court supervision. This is actually way better than guardianship because it’s more flexible.
If you’ve got a kid and you’re planning your estate, this is something to think about seriously.
Recent Changes in Florida Inheritance Law (2025-2026)
Florida law gets updated. Not constantly, but regularly enough that old estate plans can become outdated. Here’s what’s new-ish.
The biggest emphasis right now is on proper documentation. Powers of attorney, wills, and trusts all need to meet strict requirements. Homemade documents using generic online templates often don’t hold up. If you’re serious about estate planning, get a lawyer. It’s not that expensive, and it prevents massive headaches later.
There’s also been more focus on making sure trusts are actually “funded.” Funding means you’ve actually retitled your assets into the trust’s name. A trust that exists on paper but has no assets in it? Not useful. It won’t accomplish what you hoped.
Federal tax law changed significantly with new legislation in 2025, including expansions to education savings accounts and updates to gifting rules. These changes can affect your estate planning, especially if you’ve got a larger estate.
Assets You Should Know About
Some assets are straightforward. A house? That follows probate or your trust. A car? Same thing. But some assets have special rules.
Digital accounts (email, social media, online banking) can be tricky. These don’t have traditional beneficiary designations. Make a list of your accounts and passwords (stored securely) and tell someone trusted where to find it.
Cryptocurrency is newer but increasingly common. It doesn’t automatically pass to anyone. You’ve got to plan for it specifically in your estate plan.
Pets are property under the law, but you can arrange for them to be cared for. Some people set aside money in a trust specifically for pet care.
How to Make Sure You Actually Get Your Inheritance
So you think you’re entitled to an inheritance. Now what?
First, contact the personal representative or executor. They’re the person managing the estate. Ask for a copy of the will or information about the intestacy distribution.
If there’s probate happening, you’ll probably have to file a claim with the court. There are usually deadlines for this, so don’t wait around.
If it’s a trust, talk to the trustee. Ask when you’ll receive your distribution and what documentation you need to provide.
If someone’s being shady or you suspect fraud, talk to a lawyer. Don’t just accept it quietly.
What If You Want to Challenge Your Inheritance?
Maybe you think you should get more. Maybe you think the will is fake. Maybe you just think things are unfair. What’s your move?
Talk to a probate lawyer. Seriously. Most offer free consultations. They’ll tell you if you have a legitimate claim.
You’ve usually got a time limit to contest a will (it varies, but it’s usually months, not years). Don’t sit around thinking about it.
Protecting Yourself: What to Do Right Now
If you’ve got assets, do this today. Not tomorrow. Today.
Update your will if you have one. Update it if you don’t have one. Include who you want to inherit, who should manage your estate, and who should care for your kids if you die while they’re young.
Update your beneficiary designations. Life insurance, retirement accounts, everything. Make sure they match your current wishes.
Consider a living trust if you’ve got significant assets or a complex family situation. It avoids probate and gives you more control after death.
Tell someone trusted where your important documents are. Seriously. If people can’t find your will, they can’t follow it.
Talk to a lawyer about your specific situation. Not a Google search. Not your friend who read something. An actual lawyer who practices estate planning in Florida.
Frequently Asked Questions
Does Florida have an inheritance tax? No. Florida has no state inheritance tax or state estate tax. You won’t pay those. Federal estate tax might apply to huge estates, but most people don’t have to worry about it.
Can I completely disinherit my spouse? No. Florida law protects spouses, even if you write them out of your will. They can claim an “elective share” of your estate.
What if someone dies with no will and no family at all? The estate goes to the State of Florida. But you can still claim it within 10 years if you can prove you’re entitled to it.
Do beneficiary designations override my will? Yes. Life insurance and retirement accounts go to whoever is named on those accounts, regardless of what your will says. Update your designations after major life events.
How long does probate take in Florida? Usually 6 months to 2 years, depending on the estate’s complexity. A living trust can avoid probate entirely and be much faster.
Can I prevent my will from being challenged? You can make it harder. Getting it properly prepared by a lawyer, being clear about your wishes, and ensuring you’re mentally competent when you sign it all help. But honestly, nothing’s completely challenge-proof.
What happens if my spouse and I both die in an accident? Your will can name guardians for your kids and trustees to manage their inheritances. If you don’t, the court decides. Not ideal.
Can I leave everything to my boyfriend/girlfriend if we’re not married? Yes, absolutely. You can leave money to anyone. But if you don’t put it in your will, they get nothing. Marriage isn’t required to inherit—the will is.
What’s the difference between a will and a trust? A will goes through probate and is public. A trust avoids probate, is private, and can manage your assets during your life and after. Both have uses, and many people use both.
Do I need a lawyer to write a will in Florida? Legally? No. You can write a valid will yourself. Practically? Yes, please get a lawyer. DIY wills often have problems that cause huge headaches later.
Final Thoughts
Florida’s inheritance laws are actually pretty reasonable compared to other states. No state inheritance tax is a huge advantage. And the rules for who inherits when someone dies without a will are pretty straightforward.
But here’s the thing: the real power is in planning ahead. If you don’t plan—if you don’t write a will, update your beneficiary designations, or set up a trust—you’re letting Florida’s default rules decide what happens. That usually works okay for simple situations. For anything more complicated? It can go sideways fast.
The best move is to talk to a Florida estate planning attorney. Not after someone dies. Before. When you can actually control what happens. It’s not crazy expensive, and it saves your family from so much stress and conflict.
Take the time to get it right now. Your future self (and your family) will be grateful.