The Short Answer

In Florida, “intestate heirs” are the people who inherit when your father died without a valid will (or when a will doesn’t dispose of everything). The order of inheritance depends first on whether there is a surviving spouse and/or descendants (children, grandchildren), and only then moves outward to parents, siblings, and more extended relatives.

What Florida Law Says

Florida’s intestacy laws set a priority list for who inherits and in what shares. As a starting point, any property not effectively disposed of by will passes to heirs under Florida’s intestate succession statutes, and heirs’ rights vest at death (subject to probate administration and creditor claims).

The Statute

The primary law governing the order of intestate heirs (when property is not passing to a surviving spouse) is Fla. Stat. § 732.103.

This statute establishes that, after accounting for any surviving spouse’s intestate share, the remaining intestate estate generally passes in this order: (1) descendants, then (2) parents, then (3) siblings (and descendants of deceased siblings), then (4) certain grandparents/aunts/uncles and their descendants, with additional fallback rules if closer relatives do not exist.

Because spouses are treated differently under Florida intestacy, the spouse’s share is governed by Fla. Stat. § 732.102, which can result in the surviving spouse receiving all of the intestate estate in some family situations, or one-half in others.

If you want a deeper dive into common family scenarios, you may find these helpful: Do a Surviving Parent and Children Split an Intestate Estate in Florida? and Who Inherits in Florida If Someone Dies Without a Will and Only Extended Family Is Left?.

Why You Should Speak with an Attorney

While the statutes provide the general inheritance order, applying them to your father’s specific family and asset picture is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Probate and related claims can be time-sensitive, and delays can create avoidable disputes and expense—especially when multiple relatives may qualify as heirs.
• Burden of Proof: Heirship often turns on proof of family relationships (marriage validity, paternity, adoption, predeceased heirs, and whether descendants take “by representation”). Missing documentation can change who inherits.
• Exceptions: The “heirs” under intestacy are not always the same as the people who receive specific assets. For example, some property may pass outside probate (beneficiary designations, joint ownership), and homestead and spousal rights can affect what is actually available for distribution.

When families disagree about who qualifies as an heir—or what property is even part of the probate estate—trying to handle it alone can lead to costly mistakes, litigation, or an incorrect distribution that has to be unwound later.

Get Connected with a Florida Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Florida to discuss your specific facts and options.

Find a Florida Attorney Now

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.