Which law determines the heirs of Florida property?

It may seem illogical, but Florida’s “intestate” law governs estates in which there is no Last Will and determines who has inherited the real property. It does not matter that the owner never lived in Florida and never even came to Florida. If he or she bought real property in Florida and died without a Will, the law in Florida will determine who has inherited the property.

How can Florida dictate how much a foreign widow should receive and how much the children should receive? Florida takes the position that, as the site of the real property, it can determine how the property “descends” in intestate (no will) cases. For persons dying after December 31, 2001, that means:

(a) if the owner leaves a spouse and lineal descendants (children or grandchildren) who are not descendants of the spouse (in other words, step-children), the spouse inherits 50% and the lineal descendants inherit 50%.

(b) if the owner leaves a spouse and lineal descendants who are descendants of the spouse, the spouse inherits the first $60,000 of Florida real property, and the balance is split 50-50.

(c) If the owner leaves a spouse and no lineal descendants, the spouse inherits all real property.

For owners dying prior to January 1, 2002, the spouse in (b) above inherits the first $20,000 of Florida real property, and the balance is split
 

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