About Florida,
Florida is a common‑law property state. A spouse may receive the entire intestate estate in simple cases, but blended families change the formula. Florida also protects spouses with a 30% elective share and gives a separate homestead descent with an option to elect a 1/2 tenant‑in‑common interest within six months.
Florida follows common law (equitable distribution) for property classification. This means assets are not automatically split equally -- ownership depends on title, and probate distribution follows intestate statutes or the will.
Without a will, Florida intestate law (Fla. Stat. § 732.102) determines your share. The small-estate threshold is Summary administration generally applies when the estate (excluding exempt property) is $75,000 or less, or if the decedent died more than 2 years ago (Fla. Stat. 735.201). A narrower disposition-without-administration path may allow payment/transfer of up to $10,000 of nonexempt personal property plus preferred funeral/medical expenses in limited intestacy cases after one year (Fla. Stat. 735.304)., and typical probate takes 6-9 months for formal administration.
Florida does not impose a state estate tax or inheritance tax, so your exposure is limited to federal estate tax rules if applicable.
Property & Intestate Rules
How Florida classifies marital property and what a surviving spouse typically receives if there is no will.
How Florida Classifies Marital Property
Common Law (Equitable Distribution) (Fla. Stat. § 61.075)
What a Surviving Spouse Typically Receives
| Scenario | Typical Spousal Share |
|---|---|
| No children | Entire estate |
| Children from marriage | Entire estate if all children are from the marriage and the surviving spouse has no other descendants. |
| Children from prior relationship | One-half of the intestate estate |
30% of the elective estate
Deadline to File
- Florida filing window
- The earlier of 6 months after receiving the Notice of Administration or 2 years after the date of death.
Home Protections for Surviving Spouses
Florida provides significant homestead protections. The surviving spouse is entitled to a life estate in the homestead property, with the remainder interest going to the decedent's descendants. Alternatively, the surviving spouse can elect to take a one-half interest in the homestead as a tenant in common. The homestead is protected from most creditors and cannot be sold to pay debts, with some exceptions such as taxes and assessments, and obligations contracted for the purchase, improvement or repair thereof. The homestead exemption amount is not a fixed dollar amount but is based on acreage: up to one-half acre within a municipality or 160 acres outside a municipality. The widow can continue to live in the home. (Fla. Const. Art. X, § 4; Fla. Stat. § 732.401)
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Create a Memorial SongProbate, Taxes & Deadlines
What qualifies for small-estate handling, how long probate often takes, and whether state tax systems apply.
| Field | Details |
|---|---|
| Small-estate threshold | Summary administration generally applies when the estate (excluding exempt property) is $75,000 or less, or if the decedent died more than 2 years ago (Fla. Stat. 735.201). A narrower disposition-without-administration path may allow payment/transfer of up to $10,000 of nonexempt personal property plus preferred funeral/medical expenses in limited intestacy cases after one year (Fla. Stat. 735.304). |
| Typical probate timeline | 6-9 months for formal administration |
| State estate tax | No |
| State inheritance tax | No |
| Tax notes | Florida does not have a state-level estate tax or inheritance tax. |
Deadlines You Cannot Afford to Miss
Florida-Specific Rules
Florida's homestead laws are particularly strong and complex, offering significant protection to surviving spouses. The ability for the surviving spouse to elect a 50% tenancy-in-common interest in the homestead in lieu of a life estate is a notable feature. Also, Florida's abolition of dower and curtesy and replacement with the elective share is a key aspect of its legal framework for surviving spouses.
Florida Legal Help Resources
Sources used to verify this guide, plus starting points for legal aid, court self-help, and local attorney referrals.
Source-backed review
Legal sources checked for Florida
Reviewed August 16, 2026. These references were used to check key state-specific inheritance, allowance, deadline, or probate details in this guide.
Need the full 50-state overview first? Visit the State-by-State Survivor Benefits Guide hub page.
Frequently Asked Questions
Common legal questions widows ask in Florida.
- Is Florida a community property state?
- Florida is classified as Common Law (Equitable Distribution). Common Law (Equitable Distribution) (Fla. Stat. § 61.075)
- What does a surviving spouse inherit without a will in Florida?
- No children: Entire estate With children: Entire estate if all children are from the marriage and the surviving spouse has no other descendants. Stepchildren or children from a prior relationship: One-half of the intestate estate
- What is the elective share right in Florida?
- 30% of the elective estate Deadline: The earlier of 6 months after receiving the Notice of Administration or 2 years after the date of death.
- What is the small-estate threshold in Florida?
- Summary administration generally applies when the estate (excluding exempt property) is $75,000 or less, or if the decedent died more than 2 years ago (Fla. Stat. 735.201). A narrower disposition-without-administration path may allow payment/transfer of up to $10,000 of nonexempt personal property plus preferred funeral/medical expenses in limited intestacy cases after one year (Fla. Stat. 735.304).. Typical probate timeline: 6-9 months for formal administration
- Does Florida have estate tax or inheritance tax?
- Estate tax: No. Inheritance tax: No. Florida does not have a state-level estate tax or inheritance tax.
- What deadlines matter most for widows in Florida?
- Probate Filing: The will must be filed with the court within 10 days of learning of the death; Elective Share: The earlier of 6 months after receiving the Notice of Administration or 2 years after the date of death; Creditor Claims: Generally, 3 months after the first publication of the notice to creditors, or 30 days if served with the notice. There's a 2-year statute of repose on all claims.
- What is Florida’s 6‑month homestead election?
- If homestead descends to the spouse and descendants, the spouse can elect a 1/2 tenant‑in‑common interest instead of a life estate by filing within six months (F.S. 732.401).
Legal Disclaimer
This guide is informational only and not legal advice. Laws and threshold amounts can change. Confirm your situation with a licensed estate attorney in Florida.
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