The Short Answer

Usually, no. In Florida intestate estates, a child who was adopted into another family is generally treated as the adopting parents’ descendant—not the biological parent’s—so they typically do not inherit from the biological parent who died without a will.

However, Florida law has important exceptions (like certain stepparent or close-relative adoptions), and the details of the adoption/termination orders can change who must be listed as an heir—especially when a wrongful death claim may be involved.

What Florida Law Says

Florida’s intestate succession rules treat adoption as a legal “family change” for inheritance purposes. In general, once a child is adopted, the child becomes part of the adoptive family for intestate inheritance and is no longer considered a descendant of the biological parents for intestate succession—unless a statutory exception applies.

The Statute

The primary law governing this issue is Fla. Stat. § 732.108.

This statute establishes that, for intestate succession, an adopted person is treated as a descendant of the adopting parent and not a descendant of the natural parents—except in specific situations such as certain stepparent adoptions or close-relative adoptions described in the statute.

Separately, Florida also addresses how terminated parental rights can affect inheritance rights in the opposite direction (a parent inheriting from a child). See Fla. Stat. § 732.1081, which bars a parent from inheriting from or through a child if that parent’s rights were terminated under chapter 39 before the child’s death.

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to a real family tree (especially with adoptions, terminations of parental rights, and multiple households) is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate filings, creditor issues, and any related claims can move quickly. If a potential wrongful death recovery (such as a Camp Lejeune-related claim) is expected, getting the “heirs” list wrong can trigger delays, objections, or court scrutiny.
• Burden of Proof: The estate may need reliable documentation (adoption judgments, termination orders, and family history) to support why a person is—or is not—an intestate heir under § 732.108.
• Exceptions: Florida’s exceptions for stepparent adoptions and certain close-relative adoptions can preserve inheritance rights from a deceased parent’s family in specific circumstances. Determining whether an exception applies is a legal analysis, not a guess.

In the situation you described—an administrator appointment, an amended application to add a child, and family confusion about adopted children—an attorney can help ensure the correct heirs are identified and properly disclosed to the court. If you need more background reading, see: How Can I Correct Wrong Heirs or Siblings Listed in Florida Probate Paperwork? and Can Stepchildren Inherit Without Adoption or a Will in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.