What it means
This is the opening rule of Florida intestacy: any part of an estate a will does not effectively dispose of passes to the decedent's heirs under the sections that follow. That covers the person who never made a will — and also the will that fails in part: a lapsed gift, an invalid clause, property the document never mentions.
Second rule: the heirs' right to the intestate property vests at the moment of death. Probate confirms who inherits; it doesn't create the right.
- Property not effectively disposed of by will passes by intestacy — this covers no will at all and a will that fails in part.
- The heirs' rights vest at the decedent's death, not when probate opens or ends.
- The order of inheritance lives in the next sections: §732.102 (the spouse) and §732.103 (everyone else).
- Intestacy moves probate assets only — beneficiary designations, survivorship accounts, and trust assets pass outside it.
How it plays out
A surprising share of our intestate files involve a will — one that missed an asset, or a residuary clause that failed. §732.101 quietly routes those pieces through intestacy while the rest of the will stands. The vesting rule matters too: because heirs own their shares at death, an heir who dies during the months of administration passes that share through their own estate. We map the heirs as of the date of death first, in every file.
