State Intestacy Laws

State Survey-Intestacy-Laws of Descent and Distribution

The laws of intestacy apply when you die with "probate" assets (not in trust, no surviving joint tenant, no effective beneficiary designation.)

When using intestacy laws to divide estates, the courts will note if any child of the decedent died before the decedent. If such a child left any descendants (e.g. the decedent's grandchildren), then those descendants will be entitled to a share of the decedent's estate. The intestacy laws of virtually every State distribute property by following one of three methods: "per stirpes," "per capita," or "per capita by generation." Definitions of the differences between these descent strategies can be found in the glossary.

If a decedent is not survived by any surviving spouse, descendant, parent, sibling, nephew, niece, great nephew or great niece, then the following information will not help you. Even though the laws of descent and distribution of the various states do extend further than what is presented below, they are too detailed and confusing for the purposes of this book. In most cases, in the absence of a spouse, descendant, parent, sibling, nephew, or niece, an intestate estate will then transfer to maternal and paternal grandparents or great-grandparents and their descendants, who are uncles, aunts, great-uncles and -aunts, and cousins of various degrees.

In a few states, some of which are noted, if there is no surviving family whatsoever, the families of deceased spouses may be entitled to an intestate share. In many states, half brothers and half sisters are treated the same as full siblings, and that may also extend to other "half" relatives. Person's conceived but not yet born at the time of a decedent's death are often, but not always, considered heirs.

If you have never been married and have no family descending from your grandparents or even great-grandparents, your estate will likely escheat-meaning it is transferred to the state in which you live, with real estate going to the county in which it is located.

Additionally, many state intestate laws specifically provide that a person cannot benefit financially by intentionally causing another person's death. Also, some states recover or penalize for unpaid child support or abandonment of parental obligations.

Do not rely on the following information in lieu of doing a proper estate plan. Many nuances of the various states are not fully explained here, and some of the laws have changed since this was last researched.

|A| |C| |D| |F| |G| |H| |I| |K| |L| |M| |N| |O| |P| |R| |S| |T| |V| |W|

Alabama

Surviving spouse and children who are all both decedent’s and spouse’s: $50,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse and children, including children not of spouse: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: $100,000 plus half of balance to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent or, if no parent, all to spouse.

Surviving children, but no spouse: All to children equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Alaska

Surviving spouse and children who are all both decedent’s and spouse’s: All to spouse.

Surviving spouse and children, including children not of spouse: $100,000 plus half of balance to spouse, balance to children, equally and per stirpes.

Surviving spouse and children, if all of the decedent’s children are also children of spouse, but spouse has one or more surviving descendants who are not descendants of the decedent: $150,000 plus half of balance to spouse, balance to children, equally and per stirpes.

Surviving spouse, but no children: $200,000 plus three-fourths of balance to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Arizona — Community Property

Surviving spouse and children who are all both decedent’s and spouse’s: All of decedent’s separate and community property to spouse.

Surviving spouse and children, including children not of spouse: Half of decedent’s separate property to spouse and half of decedent’s separate property plus all of decedent’s community property to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Arkansas

Surviving spouse, no children: If spouse was continuously married to decedent for 3 years, all to spouse. If married less than three years, spouse gets half, balance to surviving parents, sharing equally or all to sole surviving parent; or if none surviving, to brothers and sisters, sharing equally per capita or per stirpes by representation.

Surviving spouse and children: Half of both real estate and personal estate to spouse, balance to children equally, per capita by representation.

Surviving children: All to children equally, per capita by representation.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per capita by representation.

Arkansas specifies that a surviving spouse’s share may be reduced by creditor claims and makes a distinction regarding the extent to which the share may be reduced if the real estate is considered an ancestral estate.

California — Community Property

Surviving spouse: All community property and quasi-community property passes to the spouse.

Surviving spouse and child(ren): Half of separate property to spouse and half to one child (or to that child’s descendants, per stirpes, if the child is deceased) if there is only one child. If there is more than one child, one-third goes to the spouse and two-thirds to the children, equally and per stirpes.

Surviving spouse, but no children (or other descendants): Half of separate property to the spouse and half to the parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally and per stirpes or, if none, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children or other descendants surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

In California, each degree of descendancy is treated equally if there are no descendants closer in degree to decedent, (for example, if there are no children, but there are grandchildren, then all grandchildren are treated equally, rather than by a per stirpes representation, similar to per capita by representation.

There is a special provision in California that if a single person dies without a living spouse, children, or grandchildren, and had previously inherited from a predeceased spouse, that which was previously inherited from that spouse goes back to the predeceased spouse’s nearest relatives. These provisions apply only when there is real estate involved and the two spouses die within fifteen years of each other, or when there is personal property (all assets other than real property), and both spouses die within a five-year period. The California statutes specifically allow foster children and stepchildren to inherit intestate estates from foster parents and stepparents in certain instances. Also in California, a person registered as a domestic partner will be treated the same as a spouse.

Colorado

Surviving spouse and children who are all both decedent’s and spouse’s and spouse has no other children: All to spouse.

Surviving spouse and children, but spouse has at least one child who is not decedent’s child: $150,000 plus half of balance to spouse and balance to children, equally and capita at each generation.

Surviving spouse and children, but spouse, besides having children with decedent, also has children who are not decedent’s: Spouse receives the first $150,000, plus half of balance and balance to children, equally and per capita at each generation.

Surviving spouse and any children who are not children of spouse’s: (1) If all surviving children are adults, spouse receives the first $100,000, plus half of balance and balance to children, equally and per capita at each generation; or (2) If any surviving children are minors, then half only to spouse and balance to children, equally and per capita at each generation.

Surviving spouse, but no children of either decedent or spouse: First $200,000 plus three-fourths of balance to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if none, all to spouse.

Surviving children, but no spouse: All to children, equally and per capita at each generation.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per capita at each generation.

Connecticut

Surviving spouse and children who are all both decedent’s and spouse’s: $100,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse and children, including children not of spouse: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: $100,000 plus three-quarters of balance to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Delaware

Surviving spouse and children who are all both decedent’s and spouse’s: Real estate: Life estate to spouse and balance to children, per stirpes; Personal property: $50,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse and children not of spouse: Real estate: Life estate to spouse and balance to children, equally and per stirpes; Personal property: half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: Real estate: Life estate to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if neither parent is living, to the parents’ then living descendants, collectively and per stirpes. Personal property: $50,000 plus half of balance to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

District of Columbia

Surviving spouse and children who are all both decedent’s and spouse’s: two-thirds to spouse and balance to children, equally and per stirpes.

Surviving spouse and children, including children not of spouse or spouse has at least one child not of decedent: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: three-quarters to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally and per stirpes, or if none, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Florida

Surviving spouse and children who are all both decedent’s and spouse’s: $60,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse and children not of spouse: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Georgia

Surviving spouse and children: Spouse and children (equally and per stirpes) all get equal shares, with at least one-third going to spouse.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children equally and per stirpes.

No spouse or children surviving: All to surviving parents or if none to brothers, and sisters, equally and per stirpes.

Hawaii

Surviving spouse and children who are all both decedent’s and spouse’s and spouse has no other children: All to spouse.

Surviving spouse and children, if all of the decedent’s children are also children of spouse, but spouse has one or more surviving descendants who are not descendants of the decedent: $150,000 plus half of balance to spouse, balance to children, equally and per stirpes.

Surviving spouse and children, including children not of spouse: $100,000 plus half of balance to spouse, balance to children, equally and per stirpes.

Surviving spouse, but no children: If decedent has a surviving parent, $200,000 plus three-fourths to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Hawaii provides for a “reciprocal beneficiary” who is the surviving partner of a same-sex marriage registered under Hawaii’s reciprocal beneficiary laws and considered the equivalent of a surviving spouse.

Idaho —Community Property

Surviving spouse and children: All of decedent’s community property to spouse; half of decedent’s separate property to spouse and balance to children, equally and per stirpes.

Surviving spouse, but no children: All of decedent’s community property to spouse; Half of decedent’s separate property to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Illinois

Surviving spouse and children: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents, brothers, and sisters (and the descendants, collectively and per stirpes, of any deceased brother or sister) in equal parts, allowing to the surviving parent if one is deceased a double portion. If no brothers or sisters or their descendants, all to parents in equal shares or, if only one parent is living, all to the surviving parent. If no parent, then all to brothers and sisters, equally and per stirpes.

Indiana

Surviving spouse and children: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: Three-quarters to spouse and one-quarter to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents, brothers, and sisters (and the descendants, collectively and per stirpes, of any deceased brother or sister); parents receive at least half if both are living, and no less than one-quarter if only one parent is living. If no brothers or sisters or their descendants, all to parents in equal shares or, if only one parent is living, all to the surviving parent. If no parent, then all to brothers and sisters, equally and per stirpes.

With respect to real estate, Indiana provides that if the surviving spouse is a second or third (and so on) spouse who did not have children by the decedent, and if the decedent left a descendant by a previous spouse, then, the surviving spouse gets only a life estate in one-third of the decedent’s real estate, with all other assets not affected by the fact that the decedent had children by previous marriages.

Iowa

Surviving spouse and children who are all both decedent’s and spouse’s: All to spouse.

Surviving spouse and children not of spouse: At least half of real estate of real estate and personal property to spouse (including first $50,000) and balance to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Kansas

Surviving spouse and children: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Kentucky

Surviving spouse and children: First $7,500 to spouse, balance to children.

Surviving spouse, no children, but parent(s): First $7,500 to spouse, balance to parents equally or surviving parent.

Surviving spouse, children, no parent, but brothers or sisters: First $7,500 to spouse, balance to brothers and sisters equally and per stirpes.

Surviving spouse, no children, parent, brothers or sisters or their descendants:

All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

If you are spouse of someone in Kentucky who has assets, make sure your spouse has a will—assuming that your spouse wants you to inherit his/her assets.

Louisiana —Community Property

Surviving spouse and children: All community property to children, equally and per stirpes, except spouse has the right to use the property until death or remarriage. All separate property to children, equally and per stirpes.

Surviving spouse, but no children: All community property to spouse. All separate property to parents in equal shares, or, if only one parent is living, to the surviving parent, or if none to brothers and sisters, equally and per stirpes, or, if none, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or if none to brothers and sisters, equally and per stirpes.

Louisiana is the only state that uses Napoleonic code, based upon French laws predating the Louisiana Purchase, rather than common law, which is based upon (originally) British case law. This is another state where it is particularly important to have a will. Also, Louisiana equates a legally separated spouse to a divorced spouse—meaning that the separated spouse is no spouse at all.

Maine

Surviving spouse and children who are all both decedent’s and spouse’s: $50,000 plus half of balance to spouse and balance to children, equally and per capita at each generation.

Surviving spouse and children not of spouse: Half to spouse and half to children, equally and per capita at each generation.

Surviving spouse, but no children: $50,000 plus half of balance to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if none, all to the spouse.

Surviving children, but no spouse: All to children, equally and per capita at each generation.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per capita at each generation.

Maryland

Surviving spouse and children: If any surviving children are minors, half to spouse and half to children, equally and per stirpes. If no surviving children are minors, $15,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse, but no children: $15,000 plus half balance to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Massachusetts

Surviving spouse and children: Half to spouse and half to children, equally, provided that more remote descendants are treated equally by representation depending upon degree of relationship.

Surviving spouse, but no children: $200,000 plus half of balance to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally, provided that more remote descendants of a deceased brother or sister are treated equally by representation depending upon degree of relationship, or, if none, to next of kin, or, if none, all to spouse.

Surviving children, but no spouse: All to children, equally, provided that more remote descendants are treated equally by representation depending upon degree of relationship.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally, provided that more remote descendants of a deceased brother or sister are treated equally by representation depending upon degree of relationship.

Massachusetts allows for same-sex marriages where the surviving partner of the marriage has the same intestate rights as a surviving spouse, regardless of gender.

Michigan

Surviving spouse and children, at least one of whom is also a child of the spouse: $150,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse and children, none of whom are spouses: $100,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Minnesota

Surviving spouse and children who are all both decedent’s and spouse’s and spouse has no other children: All to spouse.

Surviving spouse and children, at least one of whom is not spouse’s or spouse has at least one child who is not decedent’s: $150,000 plus half of the balance to spouse and balance to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Mississippi

Surviving spouse and children: Spouse and any surviving children take equal shares, with deceased children’s shares descending per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents, brothers, and sisters equally, with deceased brother’s and sister’s shares descending per stirpes. If no brothers or sisters or their descendants, all to parents in equal shares, or, if only one parent is living, all to the surviving parent. If no parent, then all to brothers and sisters, equally and per stirpes.

Missouri

Surviving spouse and children who are all both decedent’s and spouse’s: $20,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse and children not of spouse: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parent(s), brothers, and sisters equally, with deceased brother’s and sister’s shares descending per stirpes.

Montana

Surviving spouse and children who are all both decedent’s and spouse’s: All to spouse.

Surviving spouse and children, including children not of spouse: $100,000 plus half of balance to spouse, balance to children, equally and per stirpes.

Surviving spouse and children, if all of the decedent’s children are also children of spouse, but spouse has one or more surviving descendants who are not descendants of the decedent: $150,000 plus half of balance to spouse, balance to children, equally and per stirpes.

Surviving spouse, but no children: $200,000 plus three-fourths of balance to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Nebraska

Surviving spouse and children who are all children of the decedent: $50,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse and children, at least one of who is not a child of the spouse’s: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: $50,000 plus half of balance to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Nevada — Community Property

Surviving spouse and child(ren): Half of decedent’s community property to spouse. If only one child (or descendants of deceased child), half of decedent’s separate property to spouse and half to child; if more than one child, one-third of separate property to spouse and two-thirds to the children, equally and per stirpes.

Surviving spouse, but no children: All of decedent’s community property to spouse. Half of decedent’s separate property to spouse and half to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally and per stirpes, or, if none of the above, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

New Hampshire

Surviving spouse and children all both decedent’s and spouse’s: $250,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse and children not of spouse: $100,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse, but no children: $250,000 plus half of balance to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

New Jersey

Surviving spouse and children who are all both decedent’s and spouse’s: The entire intestate estate to spouse.

Surviving spouse and children not of spouse: The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate to spouse and balance to children, equally and per stirpes.

Surviving spouse and no children, but one parent: The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of the balance of the intestate estate to spouse and balance to parent.

Surviving spouse and no children or parents: The entire intestate estate to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

New Mexico — Community Property

Surviving spouse and children: All of decedent’s community property to spouse. One-quarter of decedent’s separate property to spouse and three-quarters to children, equally and per capita at each generation.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per capita at each generation.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per capita at each generation.

New York

Surviving spouse and children: $50,000 plus half of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

North Carolina

Surviving spouse and children: If only one child (or descendants of deceased child), half of real estate, $30,000 (only from personal property, if any) plus half of balance to spouse and balance to child. If more than one child, one-third of real estate, $30,000 (only from personal property, if any) plus one-third of balance to spouse and balance to children, equally and per stirpes.

Surviving spouse but no children: Half of real estate and first $50,000 (from personal property, if any) plus half of balance to spouse and balance to parents in equal shares, or, if only one parent is living, all to the surviving parent or if none, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

North Dakota

Surviving spouse and children who are all both decedent’s and spouse’s: All to spouse.

Surviving spouse and children, including children not of spouse: $100,000 plus half of balance to spouse, balance to children, equally and per stirpes.

Surviving spouse and children, if all of the decedent’s children are also children of spouse, but spouse has one or more surviving descendants who are not descendants of the decedent: $150,000 plus half of balance to spouse, balance to children, equally and per stirpes.

Surviving spouse, but no children: $200,000 plus three-fourths of balance to spouse and balance to parents in equal shares or, if only one parent is living, to the surviving parent, or, if no parent, all to spouse.

Surviving children, but no spouse: All to children equally and per stirpes.

No spouse or children surviving: All to parents in equal shares or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Ohio

Surviving spouse and children who are all both decedent’s and spouse’s: All to spouse.

Surviving spouse and one child who is not spouse’s: $20,000 plus half of balance to spouse and balance to child (or descendants of deceased child, equally and per stirpes).

Surviving spouse and more than one child not of spouse: $60,000 if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first $20,000 if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance to spouse and the balance to the children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Oklahoma

Surviving spouse and children all both decedent’s and spouse’s: Half to spouse and half to children, equally and per stirpes.

Surviving spouse and children, at least one of whom is not of spouse: (1) an undivided half interest in the property acquired by the joint industry of the husband and wife during the marriage, and (2) an undivided equal part in the property of the decedent not acquired by the joint industry of the husband and wife during the marriage to the spouse and balance to children, equally and per stirpes.

Surviving spouse, but no children: All property acquired by the joint industry of the husband and wife during the marriage plus one-third of other property to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally and per stirpes, or, if none of the above, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

In Oklahoma, the surviving spouse has first pick of automobile owned by decedent.

Oregon

Surviving spouse and children all both decedent’s and spouse’s: All to spouse.

Surviving spouse and children not of spouse: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Pennsylvania

Surviving spouse and children all both decedent’s and spouse’s: The first $30,000 plus one-half of the balance of the intestate estate to spouse, balance to children, equally and per stirpes.

Surviving spouse and children not of spouse: One-half of the intestate
estate, balance to children, equally and per stirpes.

Surviving spouse, but no children: $30,000 plus half of balance to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally and per stirpes or if none to more remote relations.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Rhode Island

Surviving spouse and children: Real estate: Life estate to spouse and balance to children, equally and per stirpes. Personal property: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: Real estate: Life estate plus $75,000 to spouse (upon court approval), balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally and per stirpes. Personal property: $50,000 plus half of balance to spouse and balance same as for real estate.

Surviving children, but no spouse: All to children, collectively and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, all to brothers and sisters, equally and per stirpes.

South Carolina

Surviving spouse and children: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, collectively and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

South Dakota

Surviving spouse and children and all children are children of both decedent and spouse: All to spouse.

Surviving spouse and children and at least one child is not a child of the spouse: $100,000 and half the balance to spouse and balance to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, collectively and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Tennessee

Surviving spouse and children: Spouse and children each get equal amount, but spouse gets at least one-third.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, all to brothers and sisters, equally and per stirpes.

Texas — Community Property

Surviving spouse and children: Real estate: One-third life estate to spouse, two-thirds to children. Personal property: One-third to spouse, two-thirds to children.

Surviving spouse and no children: All of personal estate to spouse plus half of real estate and balance to parents in equal shares, or, if only one parent is living, the deceased parent’s portion goes to decedent’s brothers and sisters, equally and per stirpes, or, if none, the surviving parent gets the remaining portion, but if no parents at all, remaining assets to decedent’s brothers and sisters, equally and per stirpes.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, the deceased parent’s portion goes to brothers and sisters, or if none, the surviving parent gets the remaining portion, but if no parents at all, to decedent’s brothers and sisters, equally and per stirpes.

Utah

Surviving spouse and children who are all both decedent’s and spouse’s: All to spouse.

Surviving spouse and children not of spouse: $50,000 to spouse, plus half of balance, and balance to children, equally and per capita at each generation.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per capita at each generation.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if none, all to parents’ descendants, equally and per capita at each generation.

Vermont

Surviving spouse and children all both decedent’s and spouse’s: Personal property: up to one-third (judicially determined) plus all household goods and wearing apparel and balance to children, equally and per stirpes. Real estate: If only one child, half to spouse and half to child (or descendants of deceased child, equally and per stirpes). If more than one child, one-third to spouse and two-thirds to children, equally and per stirpes.

Surviving spouse, but no children: If no spousal election is made, $25,000 plus half to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally and per stirpes, and so on.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, all to brothers and sisters, equally and per stirpes.

Vermont allows for same-sex “civil unions” whereby the surviving partner of the civil union has the same intestate rights as a surviving spouse.

Virginia

Surviving spouse and children all both decedent’s and spouse’s: All to spouse.

Surviving spouse and children not of spouse: One-third to spouse and two-thirds to children, equally and per stirpes.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Washington — Community Property

Surviving spouse and children: All of decedent’s community property plus half of decedent’s separate property to spouse and balance to children, equally and per stirpes.

Surviving spouse, but no children: All of decedent’s community property plus three-quarters of decedent’s separate property to spouse and balance to parents in equal shares, or, if only one parent is living, to the surviving parent, or, if no parent, to brothers and sisters, equally and per stirpes (if takers are of unequal degree of relationship, but if all takers are of equal degree of relationship, then they take equally), or, if none of the above, all to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, all to brothers and sisters, equally and per stirpes (if takers are of unequal degree of relationship, but if all takers are of equal degree of relationship, then they take equally).

West Virginia

Surviving spouse and children all both decedent’s and spouse and spouse has no other children: All to spouse.

Surviving spouse and children and spouse has at least one child not of decedent: Three-fifths to spouse and two-fifths to children, equally and per capita at each generation.

Surviving spouse and children not of spouse (also presuming spouse has no other children): Half to spouse and half to children, equally and per capita at each generation.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per capita at each generation.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per capita at each generation.

Wisconsin — Community Property

Surviving spouse and children all both decedent’s and spouse’s: All to spouse.

Surviving spouse and children not of spouse: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents in equal shares, or, if only one parent is living, all to the surviving parent, or, if no parent, then to brothers and sisters, equally and per stirpes.

Wyoming

Surviving spouse and children: Half to spouse and half to children, equally and per stirpes.

Surviving spouse, but no children: All to spouse.

Surviving children, but no spouse: All to children, equally and per stirpes.

No spouse or children surviving: All to parents, brothers, and sisters equally, with deceased brother’s and sister’s shares descending per stirpes. If no brothers or sisters or their descendants, all to parents in equal shares, or, if only one parent is living, all to the surviving parent. If no parent, then all to brothers and sisters, equally and per stirpes.