If you pass away without a Last Will and Testament in Florida, then the Florida Intestacy Statute will apply to your probate asset.
The Florida Intestacy Statute states that if you are married, and all your children are from the same marriage, then your spouse gets 100% of your probate assets.
If you have children from different marriages, then your spouse will get 50% and the rest of the children will divide the other 50%.
It is important to have a Florida Last Will and Testament because you may not agree how the Florida Intestacy Statute disposes of your probate assets. In Florida, the only person legally entitled to inherit is your spouse. Your surviving spouse is entitled to 30% of your estate.