What legal principle governs the division of intestate property in Florida?

The principle that governs the division of intestate property in Florida is known as per stirpes distribution. Under this legal framework, when a person dies without a will, the distribution of their estate is made by looking at the deceased's descendants. The estate is divided in such a way that each branch of the family receives an equal share, meaning that if a descendant has predeceased the decedent, their share would go to their own children (the decedent's grandchildren) rather than being equally split among all surviving heirs.

This method ensures that each line of descent receives the full share of their ancestor's estate, preventing any single branch from being disadvantaged due to a death that occurred prior to the decedent's death. It embodies the idea of fairness in inheritance, as it recognizes the bloodline and gives descendants a claim to their ancestral share.

In contrast, the other options do not reflect the process used in Florida for intestacy. Equitable distribution typically refers to the division of marital property in divorce cases rather than intestate succession. Per capita distribution involves equal shares among all living heirs but does not account for the lineal descent beyond the immediate generation. Pro rata distribution generally pertains to dividing assets or liabilities in proportion to a certain criterion, and is