If the owner of a Florida homestead dies leaving behind a spouse or minor children, the spouse or minor children automatically inherit the deceased’s homestead property even if there is a will, trust, or other estate planning document indicating otherwise.
The following is a detailed list of who inherits homestead property when the owner dies with or without a surviving spouse:
Surviving spouse and no other descendants – Surviving spouse inherits entire homestead.
Surviving spouse and minor children – Homestead will always pass to a surviving spouse and minor children.
Surviving spouse, but no minor children – Share to the surviving spouse will depend on whether there are adult children.
Surviving spouse and one or more descendants (e.g., adult children) – Surviving spouse takes a life estate and the descendants will receive the homestead when the surviving spouse dies. Surviving spouse has the option to elect a half interest as a tenant in common with the descendants rather than a life estate.
No Surviving spouse, but descendants (e.g., children) – Homestead passes to the descendants.
No Surviving spouse and no descendants – Homestead passes via intestate succession. First to the decedent’s parents, then to siblings of the decedent. If the decedent’s parents and siblings are dead, then the estate is divided, with half going to decedent’s paternal side and the other half to the mother’s side in the following order: grandparents, uncles and aunts or their descendants. If there are no paternal or maternal kindred, the homestead shall go to the kindred of the last deceased spouse of the decedent.
As you can see by the above list, Florida is very good about making sure property is inherited by the deceased’s family, even very extended family. However, if the state of Florida cannot find any beneficiaries, the property will escheat to the state.