How does Divorce affect Intestate Succession in Florida?

            When a divorce is finalized, a former spouse’s right to an inheritance through Florida’s intestacy laws ends.  This means that if a spouse dies without a will and their estate goes through probate, the surviving ex-spouse would have no right to an inheritance if a divorce had been finalized prior to the death.  However, if a divorce is still in progress but not finalized at the time of death, the surviving spouse has full rights to their inheritance as defined by Florida’s intestate succession rules.