If a decedent dies without a will Florida Probate Law provides for an intestate succession as follows:
If there is a spouse and no lineal descedants the spouse shall receive the entire estate.
If there are lineal descendants of the decedent the decedent all of who are lineal decedants of the surviving spouse than the spouse shall receive the first $60,000 of the estate and one half of the remainder of the fair market value as of the date of death.
If there are surving lineal descedants of decedant some of who are not also lineal descendants of the spouse the surviving spouse will receive one half of the estate.
Florida of Intestate Estate to Spouse is provided for in Florida Statute 732.102