Affidavit of Heirship in Florida
Whether Florida lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Florida has no statutory affidavit of heirship for transferring real estate. Heirs are established by a court proceeding: any interested person may petition the probate court to determine beneficiaries or their shares, a separate civil action to determine beneficiaries may be brought… Fla. Stat. §§ 733.105, 735.201
| Affidavit / determination of heirship | Florida has no statutory affidavit of heirship for transferring real estate. Heirs are established by a court proceeding: any interested person may petition the probate court to determine beneficiaries or their shares, a separate civil action to determine beneficiaries may be brought when an estate has not been administered, and summary administration orders can distribute real property in qualifying estates. Source: Fla. Stat. §§ 733.105, 735.201 |
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| Who inherits without a will | Spouse: takes the whole estate if the decedent left no descendants, or if all of the decedent's descendants are also descendants of the surviving spouse and the spouse has no other descendants; otherwise the spouse takes one-half and the decedent's descendants take the rest. With no spouse, the estate passes to descendants; then parents; then siblings and the descendants of deceased siblings; then grandparents' lines (half to the paternal side and half to the maternal side); then kin of the last deceased spouse. Florida homestead property follows special rules (Fla. Const. art. X, § 4 and Fla. Stat. § 732.401). Source: Fla. Stat. §§ 732.102, 732.103 |
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FAQ
Does Florida have an affidavit of heirship?
Florida has no statutory affidavit of heirship for transferring real estate. Heirs are established by a court proceeding: any interested person may petition the probate court to determine beneficiaries or their shares, a separate civil action to determine beneficiaries may be brought when an estate has not been administered, and summary administration orders can distribute real property in qualifying estates.
Who inherits if someone dies without a will in Florida?
Spouse: takes the whole estate if the decedent left no descendants, or if all of the decedent's descendants are also descendants of the surviving spouse and the spouse has no other descendants; otherwise the spouse takes one-half and the decedent's descendants take the rest. With no spouse, the estate passes to descendants; then parents; then siblings and the descendants of deceased siblings; then grandparents' lines (half to the paternal side and half to the maternal side); then kin of the last deceased spouse.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.