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Estate Planning ResearchSource: Florida Statutes §§ 732.101 to 732.111

Guide to florida intestacy law for Muslim families — primary source data

Florida is an equitable-distribution state with a 30% elective share. A spouse with shared children only inherits everything. A spouse with children from outside the marriage: spouse takes 1/2 of intestate property; children take 1/2. Parents excluded when children survive.

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Analysis

Full intestacy table for Florida (FL) is rendered on /islamic-prenup/florida. Florida is an equitable-distribution state with a 30% elective share. A spouse with shared children only inherits everything. A spouse with children from outside the marriage: spouse takes 1/2 of intestate property; children take 1/2. Parents excluded when children survive. Notice what is missing from every U.S. state intestacy framework: Faraid. The Quranic shares for parents (each 1/6 minimum when children survive), for siblings under various configurations, and for the spouse (1/4 wife with children; 1/8 wife without; 1/2 husband with children; 1/4 husband without) are simply not implemented. The only way to bring Faraid back is a state-law-valid Islamic will, paired with an elective-share waiver for the surviving spouse (typically in an Islamic prenup or postnup). Regime classification: equitable-distribution.

Key Takeaways

  • 1Florida is a equitable-distribution state.
  • 2Intestacy controlling statute: Florida Statutes §§ 732.101 to 732.111.
  • 3Without an Islamic will, Florida's intestacy rules will distribute the estate — Faraid is not the default.
  • 4An Islamic prenup with elective-share waiver is required to fully preserve Faraid against the surviving-spouse claim.

Key Statistics

regimeequitable-distribution
state codeFL

U.S. Market Relevance

Primary source data for /islamic-prenup/florida state page intestacy table.

Estate planning hub

Citation

State of Florida (legislature). Florida Statutes §§ 732.101 to 732.111.

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