Inheritance Rights of Spouses in Florida: What You Need to Know

Regarding inheritance rights in Florida, many people assume that a surviving spouse automatically inherits everything. However, it’s not always that straightforward. Florida’s inheritance laws are nuanced, with various rules depending on the type of property, family structure, and whether a will exists. 

At the Law Office of Cameron H.P. White, P.A., we understand how overwhelming this can feel. Our firm is here to help ensure your spouse’s inheritance rights are protected and provide clear guidance through every step.

Automatic Inheritance in Florida

Florida law offers some automatic protections for surviving spouses, but the specifics can depend on how property is owned and whether a valid will is in place.

Jointly Owned Property

When spouses own property jointly with “rights of survivorship” or as “tenancy by the entireties,” the property automatically transfers to the surviving spouse. This includes assets such as joint bank accounts, jointly titled real estate, and other co-owned items.

This type of property is considered a non-probate asset, meaning it bypasses the probate process entirely. The surviving spouse receives full ownership without court intervention, ensuring a quicker and more straightforward transition of ownership. 

These arrangements are often used to simplify inheritance and protect a spouse’s financial stability after losing their partner.

Homestead Property

Homestead property in Florida has unique rules to ensure that surviving spouses are provided for. How this property is inherited depends on its ownership structure:

• Jointly Owned Homestead: If both spouses jointly owned the family home, it automatically passes to the surviving spouse. This transfer happens immediately and without the need for probate.
• Solely Owned Homestead: If the deceased spouse solely owned the home, the surviving spouse is entitled to a life estate, which gives them the right to live in the property for the remainder of their life. After the spouse passes, the ownership goes to any surviving children or other designated beneficiaries.
  However, if there are no minor children, the surviving spouse inherits the home outright, regardless of the terms in the will—unless a valid waiver of spousal rights was signed before death.
• Life Estate with Remainder to Minor Children: In cases where the deceased had minor children, the surviving spouse receives a life estate in the property, with the remainder interest passing to the children. This means the children will gain full ownership after the spouse’s lifetime.

Intestate Succession in Florida

If someone passes away without a will, Florida’s intestacy laws apply. These laws determine who inherits what, with specific provisions for spouses.

Florida’s intestacy rules aim to ensure that close family members, especially spouses and children, receive the deceased’s assets. However, a surviving spouse’s exact inheritance rights vary depending on the presence of descendants and their relationships to the deceased.

If There Are No Descendants

The surviving spouse inherits the entire estate. This ensures that the spouse is fully provided for when there are no children or grandchildren.

If All Descendants Are Shared

When the deceased and the surviving spouse share all descendants (children or grandchildren), the surviving spouse also inherits the entire estate. This applies even if the couple’s descendants are numerous, as long as they are biologically or legally connected to both spouses.

If the Deceased Has Descendants from Another Relationship

If the deceased has children or grandchildren from a previous relationship, the estate is split. The surviving spouse inherits half of the estate, while the remaining half is divided among the deceased’s descendants.

Scenarios with Blended Families

Blended families can add another layer of complexity to intestate succession. For example:

• If the deceased and surviving spouse had children together, but the surviving spouse also has children from a previous marriage, intestacy laws prioritize the children biologically or legally related to the deceased. The surviving spouse’s separate children do not inherit from the estate unless explicitly stated in a valid will.
• Conversely, if the deceased had children from another relationship, those children would inherit their portion of the estate, potentially creating financial challenges for the surviving spouse if the estate’s assets include shared resources like the family home.

Elective Share in Florida

Florida law protects spouses by allowing them to claim an “elective share” of the deceased’s estate, even if they are left out of the will. 

This share is equal to 30% of the “elective estate,” which includes most assets the deceased owned at the time of death. Taking this route requires filing in probate court, and it’s often used when the provisions in the will are less favorable.

Elective share decisions can be complex and involve several factors, such as the value of the estate, existing debts, and the spouse’s needs. Consulting an experienced firm like ours can help clarify whether this is the best option.

Community Property vs. Separate Property in Florida

Florida is not a community property state, but understanding the distinction between marital and non-marital assets is still important.

• Marital Property: Typically includes assets acquired during the marriage, regardless of who purchased them.
• Separate Property: Refers to assets owned before the marriage, inheritances, or gifts specifically designated for one spouse.

How assets are classified can significantly impact what a surviving spouse inherits, especially in cases involving prenuptial agreements or blended families.

Other Key Inheritance Considerations in Florida

Florida law offers additional benefits to surviving spouses to ease the financial transition after a partner’s death.

Exempt Property

Surviving spouses are entitled to personal belongings, household furnishings, and other exempt property up to $20,000 in value. These items do not pass through probate and are protected from creditor claims.

Vehicles

Spouses can claim up to two vehicles used as primary transportation, allowing continued access to essential resources without probate delays.

Family Allowance

Florida allows a family allowance of up to $18,000 to provide for the surviving spouse’s living expenses during probate. This allowance is not automatic and requires approval from a probate judge.

Pretermitted Spousal Share

If someone makes a will and later marries without updating it, the surviving spouse may still be entitled to a share of the estate. This provision, called the pretermitted spousal share, ensures that the spouse is not overlooked. Exceptions include valid waivers, prenuptial agreements, or clear intentions in the will.

Secure Your Spouse’s Future Today

Inheritance laws in Florida can feel overwhelming, but you don’t have to face them alone. 

At the Law Office of Cameron H.P. White, P.A., we’re committed to helping families protect their loved ones and secure their futures. 

Whether you need assistance with estate planning, probate, or understanding your rights, our firm is here to provide practical, reliable guidance.

Call us today at (407) 792-6011 or fill out our online contact form to schedule a consultation. Let us help you create a plan to protect your spouse’s inheritance, giving you and your family the peace of mind you deserve.