Clearwater, FL asked in Probate for Florida

Q: Person dies intestate in Florida. Only survivors are a sister and nieces/nephews of deceased siblings. Who inherits?

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Probate Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: I assume that by "nieces/nephews of deceased siblings", you mean nieces/nephews the surviving sister, who would be children of deceased siblings

Florida Statute 732.103 provides in pertinent part as follows: 

"Share of other heirs.—The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:

(1) To the descendants of the decedent.

(2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them.

(3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters. …"

Thus after payment of debts, the decedent's estate would be divided into as many portions as there were siblings who left descendants, plus the surviving sister. One portion would go to the sister, and the other portions would each go to the children of each deceased sibling.

Sherri Stinson agrees with this answer

Sherri Stinson
Sherri Stinson
  • Dunedin, FL
  • Licensed in Florida

A: Florida law prescribes who inherits in a state when someone dies without a will. The sister and the children of the deceased sibling would inherit the estate in equal shares.

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