What is the spouse’s share of intestate estate?

Full question:

My husband is dying and he has not made a will. I have been asking him to make a will but he is seems not interested. What is the spouse’s share of intestate estate?

• Category: Wills and Estates
• Subcategory: Intestacy
• Date: 04/07/2025
• State: Florida

Answer:

The share of the surviving spouse in case there is no will is:

The whole estate when there is no surviving descendant of the decedent.

The whole estate, when one or more descendants survive the decedent, and all are descendants of the surviving spouse and the surviving spouse has no other descendant.
One-half of the intestate estate when there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse.
One-half of the intestate estate when there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent.The relevant statutory provision in this regard is stated below.

Fla. Stat. § 732.102 reads:

“The intestate share of the surviving spouse is:
     (1) If there is no surviving descendant of the decedent, the entire intestate estate.
     (2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
     (3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
     (4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.”