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HB 1305

Intestate Succession Involving a Person Born Out of Wedlock

2025 Regular Session Introduced by Ashley Gantt

HB 1305 would revise Florida intestate succession law to clarify inheritance rights for children born outside of marriage, but the bill died in subcommittee without advancing.

Died in Civil Justice & Claims Subcommittee
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Bill Summary · HB 1305

Legislative bill overview

HB 1305 would modify Florida's intestate succession laws governing inheritance rights for persons born outside of marriage. The bill addresses how assets are distributed when someone dies without a will and has children born out of wedlock, clarifying paternity establishment requirements and inheritance eligibility.

Why is this important

Intestate succession laws directly affect which family members can inherit property and assets when someone dies. Current laws may create ambiguity or inequitable outcomes for children born outside marriage, potentially affecting thousands of Floridians' ability to inherit from deceased parents and their estates.

Potential points of contention

  • Paternity establishment standards: Disagreement over what evidence or procedures should establish paternity for inheritance purposes (genetic testing, acknowledgment, court order, etc.)
  • Retroactive application: Whether changes should apply to existing estates and legal situations or only new cases going forward
  • Competing family interests: Potential conflicts between out-of-wedlock children's claims and those of spouses or other heirs, particularly regarding estate distribution priority

Compiled from official sources — confirm details with the bill’s official record.

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