Written by Berke Celikel
If you die without a will, Florida intestate succession determines who receives your Florida property. Your family will generally still inherit it, even if they live abroad. But they may face a court process, costs, delays, and U.S. estate tax. Planning ahead can help avoid many of these problems.
Who inherits my Florida property if I have no will?
Florida law gives your property to your closest family, in a fixed order. This is called “intestate succession,” which means inheritance without a will.
- Spouse, no descendants: Your spouse receives everything, even if your parents are alive.
- Spouse and descendants: Your spouse generally receives everything if all your descendants are also your spouse’s descendants and your spouse has no other descendants. If either of you has descendants from another relationship, your spouse generally receives half, and your descendants receive the other half.
- Descendants, no spouse: Your children share everything equally. If a child has died, that child’s descendants take their parent’s share.
- No spouse or descendants: Your parents share equally. If only one parent is alive, that parent receives everything.
- No spouse, descendants, or parents: Your brothers and sisters share equally. A sibling who died is replaced by their children.
- No closer family: Grandparents, then aunts, uncles, and cousins, split between your father’s and mother’s sides.
- No blood relatives: The family of your late spouse inherits.
- No relatives at all: The State of Florida inherits everything.
Stepchildren generally do not inherit unless you adopted them.
A will or other planning can change who receives your property.
Florida homestead property can follow additional inheritance rules, particularly when a surviving spouse or descendants are involved.
Can my family inherit if they are not U.S. citizens?
Yes. Under Florida law, non-citizens have the same right to inherit as U.S. citizens.
Does everything have to go through a Florida court?
No. Some property passes directly to another person without going to court. This includes:
- Property you own jointly with a “right of survivorship,” meaning the surviving owner automatically receives it
- Bank or investment accounts with a named beneficiary (“payable on death” or “transfer on death”)
- Life insurance and retirement accounts with a named beneficiary
Property in your name alone generally needs a Florida court case called “probate.” Probate is the court process that transfers a person’s property after death. If you lived outside Florida, it is called “ancillary probate,” meaning a second case in addition to any case in your home country.
A court order from your home country generally cannot transfer Florida real estate.
How long does probate take, and what does it cost?
Probate often takes several months, and it can take a year or longer. Creditors generally must file claims within three months after the first publication of the notice to creditors, or within 30 days after service of the notice when that later deadline applies.
A shorter process called “summary administration” may be available. For deaths on or after July 1, 2026, it may be available if the Florida assets subject to probate are worth $150,000 or less. It may also be available if more than 2 years have passed since the death.
Costs depend on the size and complexity of the estate. They usually include court costs, lawyer fees, and payment to the personal representative (the person the court appoints to manage your estate). Florida law sets guidelines for what these fees may be. Contact us to learn what applies to your case.
Can my family handle this from abroad?
In many cases, yes. Your family may not need to travel to Florida. If a personal representative is appointed, Florida probate rules generally require that person to be represented by an attorney admitted to practice in Florida, subject to limited exceptions.
Your family may ask the court to appoint one of them as personal representative. A nonresident can serve only if they are your spouse, child, grandchild, parent, grandparent, brother, sister, aunt, uncle, niece, or nephew, or certain relatives or spouses of these people. A trusted friend or business partner abroad generally cannot serve.
What happens to the property during probate?
The personal representative generally controls the property during probate. They may be able to rent or sell it, sometimes only with court approval.
Bills generally still need to be paid. This includes condo association fees, property taxes, insurance, and any mortgage payments. Unpaid bills may lead to liens or foreclosure. Your heirs are generally not personally responsible for your debts, but the property may be used to pay them.
Will my estate owe U.S. estate tax?
It may. U.S. estate tax rules for non-U.S. citizens depend in part on where you are domiciled for estate tax purposes, not simply on your immigration status or where you spend most of the year.
If you are neither a U.S. citizen nor domiciled in the United States, your estate may be subject to U.S. estate tax on certain U.S.-situated assets. If the value of those assets, together with certain adjusted taxable gifts, exceeds $60,000, the executor generally must file Form 706-NA.
U.S. real estate and shares of U.S. corporations can count as U.S.-situated assets. Federal estate tax rates can reach 40%, and Form 706-NA is generally due within 9 months after death when filing is required.
Some countries, including Canada and the United Kingdom, have estate tax treaties with the United States that may change the result. As of October 2026, no Latin American country appears on the IRS list of U.S. estate and gift tax treaty jurisdictions.
Will my family pay tax when they inherit or sell?
Your heirs generally pay no U.S. tax just for receiving an inheritance, but their home country may tax it. Florida has no inheritance or estate tax.
If your heirs later sell the property, capital gains tax is generally based on the property’s value at your death, not what you paid. Because your heirs are foreign sellers, the buyer may have to withhold up to 15% of the sale price and send it to the IRS. Your heirs may be able to get part of it back by filing a U.S. tax return.
How can I avoid these problems with Florida Intestate Succession?
A will lets you choose who inherits and who manages your estate. A will made in your home country is generally valid in Florida if it was valid where you signed it. However, Florida does not accept some types of wills, such as oral wills or handwritten wills signed without witnesses.
A trust that owns your Florida property can generally keep it out of probate. To learn which trust may fit you, read our article on revocable and irrevocable trusts. U.S. estate tax needs separate planning with a tax advisor.
Key Takeaways About Florida Intestate Succession
- Without a will, Florida law decides who inherits your Florida property.
- Non-citizens can inherit, and your family may be able to handle much of the process from abroad.
- Jointly owned property and accounts with named beneficiaries may pass without probate.
- Estates of nonresident noncitizens may have a Form 706-NA filing requirement when U.S.-situated assets exceed the general $60,000 filing threshold, subject to treaty provisions and other rules.
Keep Learning about Florida Intestate Succession
Not every Florida estate requires the same probate process. Learn more about Summary Administration in Florida and when a shorter probate procedure may be available.
Planning before death raises a different set of questions. Explore Last Will and Testament planning in the United States.
Berke Celikel
Law Clerk at Loigica
Disclaimer
This article provides general information about Florida intestate succession, probate, and related U.S. federal tax issues. It does not constitute legal or tax advice and does not create an attorney-client relationship. Probate procedures, tax obligations, and the treatment of particular assets depend on the circumstances of each estate. Laws and filing requirements may change, so current rules should be confirmed before taking action.
Review Your Florida Estate Plan
If you own property in Florida and live outside the United States, LOIGICA can help you review how your assets are titled, who may inherit them, and whether your current estate plan fits your goals.