Intestate Succession Laws by State
When a person dies without a valid will, state law decides who receives the property that passes through probate. These rules are called intestate succession. They set a fixed order of heirs, usually starting with the surviving spouse and descendants, then parents, siblings and more distant relatives. If no qualifying relative can be found, the property can go to the state.
50 states and DC compared. Last checked .
At a glance
- Spouse takes all with shared children
- 21 of 51
- States and DC where the answer is yes or yes in some cases.
- Community property state
- 10 of 51
- States and DC where the answer is yes or yes in some cases.
Compare intestate succession laws
The size of the surviving spouse's share is where state rules differ the most. Some states give the spouse the whole estate in certain family situations, while others split it with children or parents. Whether the state follows community property rules also matters, because it affects which property counts as the spouse's own and which property is part of the estate.
51 of 51 shown
| Spouse share with shared children | Spouse share with parents, no descendants | Sources | |||
|---|---|---|---|---|---|
| ALAlabama | First $50,000 plus 1/2 of the balanceIf any child of the deceased is not also the spouse's child, the spouse takes 1/2 of the estate. | No | First $100,000 plus 1/2 of the balanceThe spouse takes the entire estate if no child or parent survives. | No | |
| AKAlaska | Entire estate$150,000 plus 1/2 if the spouse has other descendants; $100,000 plus 1/2 if the deceased has children from another relationship. | Yes | First $200,000 plus 3/4 of the balanceThe spouse takes the entire estate if no child or parent survives. | Opt-in only | |
| AZArizona | Entire estateIf any child is not also the spouse's child, the spouse takes 1/2 of the separate property and none of the deceased's half of community property. | Yes | Entire estateParents do not share when there are no children. | Yes | |
| ARArkansas | No intestate share; dower or curtesy rights applyChildren inherit first. The spouse is endowed with a life interest in one-third of the deceased's land. | No | Entire estate if married 3+ years, else 1/2If married less than 3 years, the other 50% goes to the parents. | No | |
| CACalifornia | All community property; 1/2 or 1/3 of separate propertySeparate property: 1/2 with one child, 1/3 with more than one child. Quasi-community property also passes to the spouse. | No | All community property; 1/2 of separate propertyThe spouse takes all separate property only if no child, parent, sibling or sibling's issue survives. | Yes | |
| COColorado | Entire estateSmaller shares apply if the spouse or the deceased has children from another relationship. | Yes | First $300,000 plus 3/4 of the balance (adjusted)The dollar amounts are adjusted for cost of living under C.R.S. 15-10-112. | No | |
| CTConnecticut | First $100,000 plus 1/2 of the balanceIf any child is not also the spouse's child, the spouse takes 1/2 of the estate. | No | First $100,000 plus 3/4 of the balanceThe spouse takes the entire estate if no child or parent survives. | No | |
| DEDelaware | First $50,000 plus 1/2 of personal estate, life estate in landIf any child is not also the spouse's child, the spouse takes 1/2 of the personal estate plus a life estate in the real estate. | No | First $50,000 plus 1/2 of personal estate, life estate in landThe spouse takes the entire estate if no child or parent survives. | No | |
| DCDistrict of Columbia | 2/3 of the estate1/2 if the spouse or the deceased has children from another relationship. The same shares apply to a surviving domestic partner. | No | 3/4 of the estateThe spouse takes the entire estate if no child or parent survives. | No | |
| FLFlorida | Entire estate1/2 if the deceased or the spouse has descendants from another relationship. | Yes | Entire estateParents do not share when there are no descendants. | No | |
| GAGeorgia | Equal share with children, at least 1/3The descendants of a deceased child take that child's share. | No | Entire estateThe spouse is the sole heir when no child or other descendant survives. | No | |
| HIHawaii | Entire estate$330,000 plus 1/2 if the spouse has other descendants; $220,000 plus 1/2 if the deceased has children from another relationship. | Yes | First $400,000 plus 3/4 of the balanceThe spouse takes the entire estate if no child or parent survives. | No | |
| IDIdaho | All community property; 1/2 of separate property | No | All community property; 1/2 of separate propertyThe spouse takes all separate property if no child or parent survives. | Yes | |
| ILIllinois | 1/2 of the estateThe other half goes to the deceased's descendants per stirpes. | No | Entire estateParents do not share when there are no descendants. | No | |
| INIndiana | 1/2 of the net estateA later childless spouse takes a smaller share of real property when there are children from a prior marriage. | No | 3/4 of the net estateThe spouse takes the entire net estate if no child or parent survives. | No | |
| IAIowa | Entire estateIf any child is not also the spouse's child, the spouse takes 1/2 of real and personal property, with a $50,000 minimum. | Yes | Entire estateParents do not share when there are no children. | No | |
| KSKansas | 1/2 of the estate | No | Entire estateParents do not share when there are no children. | No | |
| KYKentucky | 1/2 of surplus real and personal propertyStatutory dower share under KRS 392.020, plus a life estate in 1/3 of real estate owned during the marriage but not at death; the children take the rest. | No | 1/2 of surplus real and personal propertyParents inherit ahead of the spouse under KRS 391.010 and take the rest; the spouse keeps the KRS 392.020 share. | No | |
| LALouisiana | Usufruct over the deceased's community shareDescendants inherit; the spouse has a usufruct over the decedent's share of community property until death or remarriage. No intestate share of separate property. | No | The deceased's half of community propertySeparate property goes to parents and siblings; the spouse takes separate property only if there are no descendants, parents, siblings or their descendants. | Yes | |
| MEMaine | Entire estateIf the spouse has other descendants: first $100,000 plus 1/2 of the balance. If the decedent has descendants not of the spouse: 1/2 of the estate. | Yes | First $300,000 plus 3/4 of the balance | No | |
| MDMaryland | Entire estate, or 1/2 if a minor child survivesIf no minor child survives but there are descendants who are not the spouse's: first $100,000 plus 1/2 of the residue. | Yes, unless a minor child survives | Entire estateSurviving parents do not reduce the spouse's share. | No | |
| MAMassachusetts | Entire estateIf the spouse has other descendants, or the decedent has descendants not of the spouse: first $100,000 plus 1/2 of the balance. | Yes | First $200,000 plus 3/4 of the balance | No | |
| MIMichigan | First $150,000 plus 1/2 of the balanceStatutory base amount, adjusted for inflation under MCL 700.1210. If none of the descendants are the spouse's: first $100,000 plus 1/2. | No | First $150,000 plus 3/4 of the balanceBase amount, adjusted for inflation under MCL 700.1210. | No | |
| MNMinnesota | Entire estateIf the spouse has other descendants, or the decedent has descendants not of the spouse: first $225,000 plus 1/2 of the balance. | Yes | Entire estateSurviving parents do not reduce the spouse's share. | No | |
| MSMississippi | A child's shareThe spouse takes an equal share with each child (or each deceased child's line), including children of a former marriage. | No | Entire estateSurviving parents do not take when there is a surviving spouse and no descendants. | No | |
| MOMissouri | First $20,000 plus 1/2 of the balanceIf any descendant is not the spouse's: 1/2 of the estate. | No | Entire estateSurviving parents do not reduce the spouse's share. | No | |
| MTMontana | Entire estateIf the spouse has other descendants: first $225,000 plus 1/2. If the decedent has descendants not of the spouse: first $150,000 plus 1/2. | Yes | First $300,000 plus 3/4 of the balance | No | |
| NENebraska | First $150,000 plus 1/2 of the balanceIf any descendant is not the spouse's: 1/2 of the estate. | No | First $150,000 plus 1/2 of the balance | No | |
| NVNevada | 1/2 of separate property (1 child), 1/3 (2+ children)Applies to separate property only. The decedent's half of community property goes to the spouse when there is no will. | No | 1/2 of separate property; parents take 1/2The decedent's half of community property still goes to the spouse when there is no will. | Yes | |
| NHNew Hampshire | First $250,000 plus 1/2 of the balanceIf the spouse has other descendants: first $150,000 plus 1/2. If the decedent has descendants not of the spouse: first $100,000 plus 1/2. | No | First $250,000 plus 3/4 of the balance | No | |
| NJNew Jersey | Entire estateOtherwise: first 25% of the estate (at least $50,000, at most $200,000) plus 1/2 of the balance. Also applies to civil union and domestic partners. | Yes | First 25% ($50,000 to $200,000) plus 3/4 of the balance | No | |
| NMNew Mexico | All community property; 1/4 of separate propertyThe spouse already owns half of the community property and takes the decedent's half; descendants take 3/4 of the separate property. | No | Entire estateAll separate property and the decedent's half of community property; surviving parents do not take. | Yes | |
| NYNew York | First $50,000 plus 1/2 of the residueThe issue take the balance by representation. The same rule applies whether or not the children are also the spouse's. | No | Entire estateSurviving parents inherit only when there is no spouse and no issue. | No | |
| NCNorth Carolina | 1/2 or 1/3 of land, first $60,000 plus share of personaltyOne child: 1/2 of real property, first $60,000 plus 1/2 of other personal property. Two or more children: 1/3 of real property, first $60,000 plus 1/3. | No | 1/2 of land, first $100,000 plus 1/2 of personaltyAll of the personal property if it is worth $100,000 or less. | No | |
| NDNorth Dakota | Entire estateThe spouse takes the first $225,000 plus half of the rest if the spouse also has children from another relationship. | Yes | First $300,000 plus 3/4 of the balanceThe remaining share passes to the deceased's parents. | No | |
| OHOhio | Entire estateIf some children are not the spouse's, the spouse takes $20,000 or $60,000 plus one-half or one-third of the rest, depending on the family. | Yes | Entire estateParents inherit only if there is no surviving spouse. | No | |
| OKOklahoma | 1/2 of the estateThe children share the other half. | No | Jointly acquired property plus 1/3 of the balanceThe spouse takes all property acquired by joint industry during the marriage and one-third of the remaining estate. The same rule applies if a sibling survives. | No | |
| OROregon | Entire estateIf any descendant is not the spouse's, the spouse takes one-half. | Yes | Entire estate | No | |
| PAPennsylvania | First $30,000 plus 1/2 of the balanceIf any child is not the spouse's, the spouse takes one-half of the estate. | No | First $30,000 plus 1/2 of the balanceThe spouse takes everything only if no child, descendant or parent survives. | No | |
| RIRhode Island | 1/2 of personal property, life estate in landThe probate court may also award the spouse up to $150,000 of real estate outright on a petition filed within six months. | No | First $50,000 plus 1/2 of other personalty, life estate in landThe court may also award the spouse up to $150,000 of real estate outright on a petition filed within six months; the rest passes to the parents. | No | |
| SCSouth Carolina | 1/2 of the estateThis applies whether or not the children are also the spouse's children. | No | Entire estate | No | |
| SDSouth Dakota | Entire estateIf any descendant is not the spouse's, the spouse takes the first $100,000 plus one-half of the rest. | Yes | Entire estate | No | |
| TNTennessee | Greater of 1/3 or a child's shareThis applies whether or not the children are also the spouse's children. | No | Entire estate | No | |
| TXTexas | All community property; part of separate propertyOf separate property, the spouse takes one-third of personal property and a life estate in one-third of land. | No | Community and separate personal property, 1/2 of landHalf of the deceased's separate land passes to parents or siblings; with none of them, the spouse takes everything. | Yes | |
| UTUtah | Entire estateIf any descendant is not the spouse's, the spouse takes the first $75,000 plus one-half of the rest. | Yes | Entire estate | No | |
| VTVermont | Entire estateIf any descendant is not the spouse's and is not excluded by will, the spouse takes one-half. | Yes | Entire estate | No | |
| VAVirginia | Entire estateIf any child or descendant is not the spouse's, the spouse takes one-third. | Yes | Entire estateParents inherit only if there is no surviving spouse or descendant. | No | |
| WAWashington | All community property; 1/2 of separate propertyThis applies whether or not the children are also the spouse's children. | No | All community property; 3/4 of separate propertyThe same rule applies if only a parent's descendants (siblings) survive. | Yes | |
| WVWest Virginia | Entire estateThe spouse takes three-fifths if the spouse has other descendants, and one-half if any of the deceased's descendants are not the spouse's. | Yes | Entire estate | No | |
| WIWisconsin | Entire estateIf any child is not the spouse's, the spouse takes one-half of the deceased's property other than marital property and certain co-owned property. | Yes | Entire estate | Yes | |
| WYWyoming | 1/2 of the estateThis applies whether or not the children are also the spouse's children. | No | Entire estate | No |
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Intestate succession rules apply only to probate property. Assets with a named beneficiary or a survivorship feature, such as life insurance, retirement accounts, payable-on-death accounts, jointly owned property with a right of survivorship and transfer-on-death deeds, usually pass outside these rules.
Family situations change the result. Children from a prior relationship, adopted children, a pending divorce or a legal separation can all affect who inherits and in what shares, so check how the statute treats each of these before relying on a simple summary.
Real estate is generally governed by the law of the state where it is located, while other property usually follows the law of the state where the person lived. A person who owns land in more than one state may have more than one set of rules apply to the estate.
Intestate Succession Laws: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
What happens to property if someone dies without a will?
Probate property passes to relatives in the order set by state intestate succession law. A court appoints an administrator to collect the assets, pay debts and distribute what is left to the heirs named by the statute.
Does the surviving spouse always inherit everything?
Not always. The spouse's share depends on the state and on which other relatives survive, such as children, children from another relationship or parents. In some situations the spouse shares the estate with these relatives.
Do unmarried partners or stepchildren inherit without a will?
Intestate succession laws are generally based on marriage, blood relationship and legal adoption. An unmarried partner or a stepchild who was never adopted usually has no automatic share, although some statutes include limited exceptions.
What is community property and why does it matter here?
In a community property state, most property acquired during the marriage belongs to both spouses equally. When one spouse dies, the survivor already owns half of that property, and the intestacy rules decide who receives the deceased spouse's half.
How can I control who inherits instead of relying on state law?
A will, a living trust, beneficiary designations and transfer-on-death deeds let you choose who receives your property. Without them, the state's default rules apply even if they do not match your wishes.
Spouse takes all with shared children: which states say yes?
Of the 51 jurisdictions we checked, the answer is yes in 20 jurisdictions, in some cases in 1, no in 30. Yes: Alaska, Arizona, Colorado, Florida, Hawaii, Iowa, Maine, Massachusetts, Minnesota, Montana, New Jersey, North Dakota, Ohio, Oregon, South Dakota, Utah, Vermont, Virginia, West Virginia and Wisconsin. In some cases: Maryland.
Community property state: which states say yes?
Of the 51 jurisdictions we checked, the answer is yes in 9 jurisdictions, in some cases in 1, no in 41. Yes: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. In some cases: Alaska.