To find out who inherits these types of property, you'll need to locate the documents in which the beneficiary designation was established. These documents will tell you who is inheriting the property. (But if the property was co-owned with right of survivorship, the co-owner will now own the property.)
To find out who inherits other assets—solely owned property for which no beneficiary has been formally named, such as a house—you'll need to consult state law. Every state has "intestate succession" laws that parcel out property to the deceased person's closest relatives when there’s no will. More on this below.
State laws set out a list of people who are eligible to fill the executor role when there is no will. If a probate court proceeding is necessary, the court will choose someone based on that priority list. Most states make the surviving spouse or registered domestic partner, if any, the first choice. Adult children are usually next on the list, followed by other family members. (If you've been chosen to serve as executor of an estate, see Should You Accept the Job of Executor to Settle an Estate?)
Every state has laws that direct what happens to property when someone dies without a valid will and the property wasn't left in some other way (such as in a living trust). Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession laws; unmarried partners, friends, and charities get nothing. If the deceased person was married, the surviving spouse usually gets the largest share. If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and there are no children. In the rare event that no relatives can be found, the state takes the assets.
All states have rules that bar certain people from inheriting if they behaved badly toward the deceased person. For example, someone who criminally caused the death of the deceased person is almost never allowed to profit from the death. And, in many states, a parent who abandoned or refused to support a child, or committed certain crimes against a child, can't inherit from that child. (Learn more about relatives' rights to claim parts of an estate in Inheritance Rights.)
To find out the rules in your specific state, see Intestate Succession.
Intestate succession laws refer to groups of people such as "children" and "issue." You might think you know just what the term "children" means, but don't be too sure until you check your state's laws. It's not always obvious.
To qualify as a surviving spouse, the survivor must have been legally married to the deceased person at the time of death. Usually, it's clear who is and isn't married. But not always.
The simple term "children" can mean different things to different people—and under different laws. Many state statutes use the term "issue" to describe who should inherit in the absence of a will, meaning direct descendants of the deceased person (children, grandchildren, and so on).
If an intestate succession law includes the deceased person's "sisters and brothers" or "siblings" as heirs, this group generally includes half-siblings and may even include half-siblings who were adopted out of the family.
Obviously, an heir who has died can't inherit. But the offspring of an heir who was a close relative, such as a child of the deceased person, may be entitled to take some or all of what their parent would have received. Figuring out whether this is the case can be tricky, but it's essential that you do so before distributing assets.
To inherit under intestate succession laws, an heir may have to live a certain amount of time longer than the deceased person. In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time—theoretically, one second would do.
Many states have adopted the Uniform Simultaneous Death Act. This law says that if two (or more) people die within 120 hours of each other, each is considered to have predeceased the other unless a will or other document specifies otherwise.
Intestacy laws often provide that if one member of a group of heirs has died, that group member’s children inherit their parent's share. In other words, they take the place of the parent. According to this concept (called the "right of representation"), children (or, in some cases, grandchildren) stand in the place of their deceased parent (or grandparent) when it comes to inheritance. Figuring out exactly who should inherit can be complicated depending on state law.
Parents who have young children and who make a will typically name someone to serve as the personal guardian of their children. But if a guardian is needed and there's no will, how does a court know whom to appoint? In that situation, the judge will gather as much information as possible about the children, their family circumstances, and the deceased parents' wishes, and try to make a good decision. The primary rule is that the judge must always act in the best interests of the children. (See How Guardianships Work FAQ.)
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Rhode Island.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse and parents but no descendants | real estate: spouse inherits up to $150,000 worth of your intestate real estate, plus the right to use the rest of it for life personal property: spouse inherits $50,000 worth of intestate personal property, plus 1/2 of the balance parents inherit everything else |
spouse and descendants | Spouse has the right to use your intestate real estate for life and inherits 1/2 of your intestate personal property outright descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(R.I. Gen. Laws §§ 33-1-1; 33-1-5; 33-1-6; 33-1-10 (2024).)
In Rhode Island, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great grandchildren.
If you die without children or other descendants. Your spouse can petition the probate court to inherit up to $150,000 of your intestate real estate outright; otherwise, he or she is entitled to only a life estate -- that is, the right to use the real estate for life but not to sell it or give it away. Your spouse also inherits $50,000 worth of your personal property, plus 1/2 of the balance. (R.I. Gen. Laws §§ 33-1-5; 33-1-6; 33-1-10 (2024).)
If you die with children or other descendants. Your spouse has the right to use your intestate real estate for life and inherits 1/2 of your intestate personal property outright. (R.I. Gen. Laws §§ 33-1-5; 33-1-10 (2024).)
Example: Gerry is married to Joe, and the couple has two children. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $200,000 worth of additional property that would have passed under a will, if she had made one. Joe inherits $100,000 worth of that property. The two children inherit $50,000 each.
If you die without a will in Rhode Island, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Rhode Island must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (R.I. Gen. Laws § 33-21-1 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, great grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the children, parents, or siblings of a spouse who dies before you do.
Here are a few other things to know about Rhode Island’s intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Rhode Island’s intestate succession laws here: Rhode Island General Laws § § 33-1-1 to 33-1-11.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in South Carolina.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants | spouse inherits 1/2 of your intestate property descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(S.C. Code §§ 62-2-102; 62-2-103 (2024).)
In South Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great grandchildren. If you don’t, then your spouse inherits everything. If you do, then your spouse inherits 1/2 of your intestate property.
Example 1: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright—those things are not intestate property. Bill also owns $300,000 worth of other property that would have passed under a will. Karen inherits $150,000 worth of that property—that is, half of $300,000. The two children inherit $75,000 each.
Example 2: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property—that is, half of $200,000. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in South Carolina, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of South Carolina must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (S.C. Code § 62-2-105 (2024).)
However, this happens very rarely, because the laws are designed to get your property to anyone who is even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or great grandparents.
Here are a few other things to know about South Carolina’s intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find South Carolina’s intestate succession laws here: South Carolina Code §§ 62-2-101 to 62-2-114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in New Mexico.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no children | spouse inherits everything |
parents but no children or spouse | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
a spouse and children | spouse inherits all of your community property and 1/4 of your separate property children inherit 3/4 of your separate property |
(N.M. Stat. §§ 45-2-102; 45-2-103 (2024).)
In New Mexico, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You can find New Mexico's marital property laws in Sections 40-3-1 to 40-3-17 of the New Mexico Statutes.
Your spouse will inherit your half of the community property. If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you leave living descendants. If you do, they and your spouse will share your separate property. (See the table above.)
If you’re concerned about this area of the law, see an experienced attorney for help.
If you die without a will in New Mexico, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of New Mexico must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
These matters can be tricky, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (N.M. Stat. § 45-2-105 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the descendants of a spouse who dies before you do.
Here are a few other things to know about New Mexico intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find New Mexico's intestate succession laws in Sections 45-2-101 to 45-2-122 of the New Mexico Statutes.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Ohio.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: | here’s what happens: |
---|---|
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits everything |
spouse and one child (or descendants of that child) from you and someone other than that spouse | spouse inherits the first $20,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and more than one child or descendants of those children | if the spouse is the natural or adoptive parent of at least one child—but not all of the children—the spouse inherits the first $60,000 of your intestate property, plus 1/3 of the balance if the spouse isn't the natural or adoptive parent any of the children, the spouse inherits the first $20,000 of your intestate property, plus 1/3 of the balance your descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Ohio Rev. Code § 2105.06 (2024).)
In Ohio, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits all of your intestate property. (Ohio Rev. Code § 2105.06 (2024).)
If you die with one child (or descendants of that child) from you and someone other than your surviving spouse. Your surviving spouse inherits the first $20,000 of your intestate property, plus 1/2 of the balance. (Ohio Rev. Code § 2105.06 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $110,000 worth of Barrett’s property—that is, $20,000 plus $90,000 (half of the $180,000 balance). Barrett’s daughter inherits the remaining $90,000 share of Barrett’s property.
If you die with more than one child or descendants of those children and one or more aren’t the children of your surviving spouse. If the surviving spouse is the natural or adoptive parent of at least one child, the spouse inherits the first $60,000 of your intestate property, plus 1/3 of the balance. If the spouse is not the natural or adoptive parent any of the children, the spouse inherits the first $20,000 of your intestate property, plus 1/3 of the balance. (Ohio Rev. Code § 2105.06 (2024).)
Example: Bill is married to Karen, and they have two grown children. Bill also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $390,000 worth of property that would have passed under a will, so Karen inherits $170,000 worth of that property—that is, $60,000 plus $110,000 of the remaining $330,000. The three children split the remaining $220,000 share of Bill’s intestate property.
If you die without a will in Ohio, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Ohio must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Ohio Rev. Code §§ 2105.06; 2105.07; 2105.08; 2105.09 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the descendants of a spouse who dies before you do.
Here are a few other things to know about Ohio intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled When There is No Will.
You can find Ohio’s intestate succession law here: Ohio Rev. Code §§ 2105.01 to 2015.39.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Oklahoma.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants, parents, or siblings | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits 1/2 of your intestate property your descendants inherit everything else |
spouse and at least one descendant from you and someone other than that spouse | spouse inherits 1/2 of all property acquired by joint effort during your marriage and splits the remaining intestate property equally with your descendants descendants inherit everything else |
spouse and parents | spouse inherits all the property acquired by joint effort during marriage, plus 1/3 of the remaining intestate property parents inherit everything else |
spouse and siblings | spouse inherits all the property acquired by joint effort during your marriage, plus 1/3 of the remaining intestate property siblings inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Okla. Stat. tit. 84, § 213 (2024).)
In Oklahoma, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents, siblings, or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits all property acquired by joint effort during your marriage, plus 1/3 of the balance. (Okla. Stat. tit. 84, § 213 (2024).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Joe also inherits all the property that he and Gerry acquired together during marriage, such as their cars and personal property. Gerry has $75,000 worth of additional, separate property that would have passed under a will if she had named one. Joe inherits $25,000 worth of that property, and Gerry’s father inherits $50,000.
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits 1/2 of your intestate property. (Okla. Stat. tit. 84, § 213 (2024).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $400,000 worth of other property that would have passed under a will. Karen inherits $200,000 worth of that property and the two children inherit $100,000 each.
If you die with at least one descendant who is not the descendant of your surviving spouse. Your spouse inherits 1/2 of all property acquired by joint effort during your marriage and splits the rest with your descendants. (Okla. Stat. tit. 84, § 213 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright, half of all other property he and Barrett acquired together during their marriage, and $100,000 worth of Barrett’ separate property. Barrett’s daughter inherits the other half of Barrett’s marital property plus $100,000 worth of her separate property.
In Oklahoma, your surviving spouse is always entitled to inherit one of your automobiles. (Okla. Stat. tit. 84, § 232 (2024).)
If you die without a will in Oklahoma, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Oklahoma must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers to support schools. (Okla. Stat. tit. 84, § 213 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins. If your estate goes to the state, it is used to support schools.
Here are a few other things to know about Oklahoma intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Oklahoma's intestate succession laws here: Okla. Stat. tit. 84, §§ 211 to 232.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in New Jersey.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits the first 25% of your intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits the first 25% of your intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance descendants inherit everything else |
spouse and parents | spouse inherits the first 25% of your intestate property (but not less than $50,000 or more than $200,000), plus 3/4 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(N.J. Stat. §§ 3B:5-3; 3B:5-4 (2024).)
In New Jersey, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first 25% of your intestate property—as long as it is not less than $50,000 or more than $200,000—plus 3/4 of the balance. (N.J. Stat. § 3B:5-3 (2024).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $400,000 worth of additional property that would have passed under a will if she had made one. Joe inherits $325,000 worth of that property—that is, $100,000 (25% of $400,000) plus $225,000 (3/4 of the remaining $300,000). Gerry’s father inherits $75,000.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from other relationships. Your surviving spouse inherits the first 25% of your intestate property—as long as it is not less than $50,000 or more than $200,000—plus 1/2 of the balance. (N.J. Stat. § 3B:5-3 (2024).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $300,000 worth of property that would have passed under a will, so Karen inherits $187,500 worth of that property—that is, $75,000 (25% of 300,000) plus $112,500 (1/2 of the remaining $225,000). The two children split the balance of $112,500, inheriting $56,250 each.
If you die with descendants who are not the descendants of your surviving spouse. Your surviving spouse inherits the first 25% of your intestate property—as long as it is not less than $50,000 or more than $200,000—plus 1/2 of the balance. (N.J. Stat. § 3B:5-3 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $125,000 worth of Barrett’s property—that is, $50,000 (25% of 200,000) plus $75,000 (1/2 of the remaining $150,000). Barrett’s daughter inherits the remaining $75,000 share of Barrett’s property.
In New Jersey, the rules that apply to married couples also apply to registered domestic partners.
If you die without a will in New Jersey, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, whether your spouse is also their parent, and whether your spouse has children from another relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of New Jersey must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the descendants of a spouse who dies before you do.
Here are a few other things to know about New Jersey intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find the statutes cited above in the New Jersey Statutes. New Jersey's intestate succession laws are listed in Sections 3B:5-1 to 3B:5-14.1.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Mississippi.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: | here’s what happens: |
---|---|
children but no spouse | children inherit everything |
spouse but no children | spouse inherits everything |
spouse and one child | spouse inherits 1/2 of intestate property child inherits 1/2 of intestate property |
spouse and more than one child | spouse and children inherit intestate property in equal shares |
parents but no spouse, children, or siblings | parents inherit everything |
siblings but no spouse, children, or parents | siblings inherit everything |
(Miss. Code §§ 91-1-3; 91-1-7; 91-1-11 (2024).)
In Mississippi, if you are married and you die without a will, what your spouse gets depends on whether or not you have living children or other descendants. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with one child. Your surviving spouse and your child split your intestate property 50/50. If your child dies before you do and you have grandchildren, your grandchildren will take your child’s share. (Miss. Code § 91-1-7 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright—it’s not intestate property—plus $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die with more than one child. Your surviving spouse and children will each take an equal share of your intestate property. If a child dies before you do, leaving grandchildren, your grandchildren will take your child’s share. (Miss. Code § 91-1-7 (2024).)
Example: Bill is married to Karen, and they have two grown children. Bill also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $400,000 worth of property that would have passed under a will. Karen and the three children each inherit a $100,000 share of that property.
If you die without a will in Mississippi, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Mississippi must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Miss. Code § 89-11-1 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about Mississippi intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled When There is No Will.
You can find Mississippi's intestate succession laws in the Mississippi Code, Sections 91-1-1 to 91-1-31.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Wisconsin.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no children | spouse inherits everything |
spouse and children who are all descendants from that spouse | spouse inherits everything |
spouse and at least one child who is not a descendant of that spouse | spouse inherits 1/2 of your separate property children inherit your share of the community property, plus 1/2 of your separate property |
parents but no spouse or children | parents inherit everything |
siblings but no spouse, children, or parents | siblings inherit everything |
(Wis. Stat. § 852.01 (2024).)
In Wisconsin, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. (In Wisconsin, community property is also called marital property.) Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You also can find Wisconsin's marital property laws here: Wis. Stat. §§ 766.001 to 766.97.
Your spouse will inherit all of your community and separate property unless you have children or other descendants from a previous relationship. In that case, your spouse will not inherit your share of the community property. Instead, your spouse inherits only half of your separate property. Your descendants will inherit your share of community property, plus the other half of your separate property. (Wis. Stat. § 852.01 (2024).)
Even if you have descendants from a prior relationship, your spouse will have the right to inherit a home from you, if your spouse already lives there or intends to live there. The spouse may have to petition the court to claim this right and may be required to buy out any interest inherited by your descendants. (Wis. Stat. § 861.21 (2024).)
In Wisconsin, the rules for married people also apply to registered domestic partners.
If you die without a will in Wisconsin, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether you have any children from other relationships. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Wisconsin must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Wis. Stat. § 852.01 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Wisconsin intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Wisconsin's intestate succession laws here: Wis. Stat. §§ 852.01 to 852.14.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Wyoming.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants | spouse inherits 1/2 of intestate property descendants inherit 1/2 of intestate property |
parents and/or siblings but no spouse or descendants | parents and siblings inherit intestate property in equal shares |
(Wyo. Stat. § 2-4-101 (2024).)
In Wyoming, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, your spouse inherits one half of your intestate property and your descendants inherit the other half. (Wyo. Stat. § 2-4-101 (2024).)
Example: Bill is married to Karen, and they have three grown children. Bill and Karen own a house in joint tenancy, and Karen is also the named beneficiary of Bill’s retirement account. When Bill dies, Karen automatically inherits the house and any remaining retirement funds; those things are not intestate property. Bill also owns $300,000 worth of other property that would have passed under a will, so Karen inherits 1/2—that is, $150,000 worth—of that property. The three children split the remaining $150,000 worth of Bill’s intestate property.
If you die without a will in Wyoming, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, Wyoming must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws yourself, you’ll find a link to the Wyoming Statutes at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Wyo. Stat. § 9-5-202 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Wyoming’s intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled When There is No Will.
You can find Wyoming's intestate succession laws here: Wyo. Stat. §§ 2-4-101 to 2-4-108.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in D.C.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits 2/3 of your intestate property descendants inherit 1/3 of your intestate property |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits 1/2 of your intestate property your descendants inherit 1/2 of your intestate property |
spouse and descendants from you and someone other than that spouse | spouse inherits 1/2 of your intestate property your descendants inherit 1/2 of your intestate property |
spouse and parents | spouse inherits 3/4 of your intestate property parents inherit 1/4 of your intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(D.C. Code §§ 19-302; 19-305; 19-306; 19-308; 19-309 (2024).)
In D.C., if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first 3/4 of your intestate property and your parents inherit the rest. (D.C. Code § 19-302 (2024).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry has $100,000 worth of additional property that would have passed under a will. Joe inherits $75,000 worth of that property. The remaining $25,000 worth of intestate property goes to Gerry’s father.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from other relationships. Your surviving spouse inherits 2/3 of your intestate property and your descendants inherit the rest. (D.C. Code § 19-302 (2024).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from other relationships. Your surviving spouse inherits half of your intestate property and your descendants inherit the other half. (D.C. Code § 19-302 (2024).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $200,000 worth of other property that would have passed under a will, so Karen inherits $100,000 worth of that property. The remaining $100,000 goes to Bill’s and Karen’s two children.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits half of your intestate property and your descendants inherit the other half. (D.C. Code § 19-302 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
In D.C., the rules for married people also apply to registered domestic partners.
If you die without a will in the District of Columbia, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, whether your spouse is also your children’s parents, and whether you or your spouse has any children from another relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, D.C. must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the district’s coffers. (D.C. Code § 19-701 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about D.C. intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find the District of Columbia’s intestate succession law here: D.C. Code §§ 19-301 to 19-322.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Vermont.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits everything |
spouse and at least one descendant from you and someone other than that spouse | spouse inherits 1/2 of your intestate property; the spouse can ask the court for all household goods, and there are special rules that allow the spouse to take ownership of a vessel, snowmobile, or all-terrain vehicle descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Vt. Stat. tit. 14, §§ 311; 312; 313; 314 (2024).)
In Vermont, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—that is, children, grandchildren, or great-grandchildren—from a previous relationship. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property. (Vt. Stat. tit. 14, § 311 (2024).)
In most situations, your surviving spouse and your children from the previous relationship will split your property 50/50. However, there are a few unique rules to keep in mind:
Example: Jed and Barrett have been married for 30 years and have two grown children, Doug and Marie. Jed also has a grown daughter, Anna, from a previous marriage. Jed and Barrett own a house in joint tenancy, and Jed owns $300,000 worth of additional, separate property that would have passed under a will if he had made one. When Jed dies, Barrett inherits the house outright (it’s not intestate property) plus $150,000 worth of Jed's intestate property. Because Anna doesn't object, Barrett's inheritance includes all the furnishings in the house, except for a few items that she offers to Anna. Anna, Doug, and Marie each inherit $50,000 of the remaining $150,000 of Jed's intestate property.
If you die without a will in Vermont, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Vermont must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws yourself, you’ll find a link to the Vermont Statutes at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Vt. Stat. tit. 14, §§ 681; 683 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Vermont intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Vermont's intestate succession laws here: Vermont Statutes Title 14, §§ 301 to 338.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Virginia.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If You Die With: |
Here’s What Happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants, all of whom are descendants of that spouse | spouse inherits everything |
spouse and descendants, at least one of whom is from someone other than that spouse | spouse inherits 1/3 of your intestate property descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse or parents | siblings inherit everything |
(Va. Code § 64.2-200 (2024).)
In Virginia, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, or if all of your descendants are also descendants of your spouse, then your spouse inherits all of your intestate property.
If, however, you die with at least one descendant who is not the descendant of your surviving spouse, then your spouse inherits only 1/3 of your intestate property. (Va. Code § 64.2-200 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $300,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright—it’s not intestate property—plus $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $200,000 share of Barrett’s property.
If you die without a will in Virginia, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also your children’s parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Virginia must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws yourself, you’ll find a link to the Virginia Code at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Va. Code § 64.2-200 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, great grandparents, brothers and sisters of grandparents and their descendants, cousins of any degree, or the children, parents, or siblings of a spouse who dies before you do.
Here are a few other things to know about Virginia intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Virginia's intestate succession laws here: Virginia Code §§ 64.2-200 to 64.2-206.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in South Dakota.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits everything |
spouse and at least one descendant from you and someone other than that spouse | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(S.D. Codified Laws §§ 29A-2-102; 29A-2-103 (2024).)
In South Dakota, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, or if all of your descendants are from you and your spouse, then your spouse inherits all of your intestate property.
If you have descendants from someone other than your spouse, your spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. Your descendants inherit everything else. (S.D. Codified Laws § 29A-2-102 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright—it isn’t intestate property. Jed also inherits $150,000 worth of Barrett’s property that is, $100,000 plus 1/2 of the remaining $100,000 balance. Barrett’s daughter inherits the remaining $50,000 share of Barrett’s property.
If you die without a will in South Dakota, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, whether your spouse is also your children’s parent, and whether you have any children from a previous relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of South Dakota must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the law itself, you can find a link to the South Dakota Codified Laws at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (S.D. Codified Laws § 29A-2-105 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about South Dakota intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find South Dakota’s intestate succession laws here: South Dakota Codified Laws §§ 29A-2-101 to 29A-2-114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Texas.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no children, parents, or siblings | spouse inherits everything |
parents but no children, spouse, or siblings | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
a spouse and children who are also the children of your spouse | spouse inherits all of your community property, plus 1/3 of your separate personal property and the right to use your shared primary home and 1/3 of your remaining real estate for life children inherit everything else |
a spouse and children who are not the children of your spouse | spouse keeps 1/2 of the community property, 1/3 of your separate personal property, and the right to use your shared primary home and 1/3 of your remaining real estate for life children inherit everything else, including your 1/2 interest in the community property |
a spouse and parents | spouse inherits all of your community property, all of your separate personal property, and 1/2 of your separate real estate parents inherit everything else |
one parent and siblings but no spouse | parent inherits 1/2 of your intestate property siblings equally share remaining 1/2 of your intestate property |
a spouse and siblings, but no parents | spouse inherits all of your community property, all of your separate personal property, and 1/2 of your separate real estate siblings inherit everything else |
(Tex. Const. art. 16, § 52; Tex. Est. Code §§ 201.001; 201.002; 201.003 (2024).)
In Texas, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You also can find Texas's community property laws here: Texas Family Code §§ 3.001 to 3.411.
Your spouse will inherit your half of the community property unless you leave descendants—children, grandchildren, or great grandchildren. If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents, children, or siblings. If you do, they and your spouse will share your separate property. (See the table above.)
If you’re concerned about this area of the law, see an experienced attorney for help.
If you die without a will in Texas, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also your children’s parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Texas must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws themselves, you’ll find a link to the Texas Probate Code at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Tex. Prop. Code § 71.107 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Texas intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Texas’s intestate succession laws here: Texas Estates Code §§ 201.001 to 201.152.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in North Carolina.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and one child or descendants of one child | spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/2 of the balance) child or descendants inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse’s share |
spouse and two or more children or descendants of those children | spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $60,000 or less, your spouse inherits all of it; if you have more than $60,000 worth of personal property, your spouse inherits $60,000 plus 1/3 of the balance) children or descendants inherit 2/3 of your intestate real estate and any intestate personal property remaining after the spouse’s share |
spouse and parents | spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property (if you die with personal property worth $100,000 or less, your spouse inherits all of it; if you have more than $100,000 worth of personal property, your spouse inherits $100,000 plus 1/2 of the balance) parents inherit 1/2 of your intestate real estate and any intestate personal property remaining after the spouse’s share |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(N.C. Gen. Stat. §§ 29-14; 29-15; 29-16 (2024).)
In North Carolina, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property, as described in the chart above. (N.C. Gen. Stat. § 29-14 (2024).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $150,000 worth of additional personal property that would have passed under a will if she had made one. Joe inherits $125,000 worth of that property—that is, $100,000 plus $25,000 (half of the $50,000 balance). The remaining $25,000 worth of Gerry’s intestate property goes to Gerry’s father.
If you die with one child or descendants of that child. Your surviving spouse inherits 1/2 of your intestate real estate and a portion of your intestate personal property, as described in the chart above. (N.C. Gen. Stat. § 29-14 (2024).)
Example: Bill is married to Karen, and they have a son in college. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $200,000 worth of personal property that would have passed under a will, so Karen inherits $130,000 worth of that property—that is, $60,000 plus $70,000 (half of the $140,000 balance). The remaining $70,000 goes to the couple’s son.
If you die with two or more children, or descendants of those children. Your surviving spouse inherits 1/3 of your intestate real estate and a portion of your intestate personal property, as described in the chart above. (N.C. Gen. Stat. § 29-14 (2024).)
Example: Barrett is married to Jed and also has two children from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus a small vacation cabin and $300,000 worth of additional personal property that would have passed under a will if Barrett had made one. When Barrett dies, Jed automatically inherits the house because it’s not intestate property. But the cabin passes to Jed and the children in equal shares because Barrett was the sole owner of the cabin. Jed inherits $140,000 worth of Barrett's personal property—that is, $60,000 plus $80,000 (1/3 of the $240,000 balance). Barrett's two children inherit $80,000 each.
If you die without a will in North Carolina, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of North Carolina must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws, you can find a link to North Carolina’s intestate succession statutes at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (N.C. Gen. Stat. §§ 29-12; 116B-2.2 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about North Carolina intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find North Carolina’s intestate succession laws here: North Carolina General Statutes §§ 29-1 to 29-30.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in North Dakota.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and parents | spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(N.D. Cent. Code §§ 30.1-04-02; 30.1-04-03 (2024).)
In North Dakota, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance. (N.D. Cent. Code § 30.1-04-02 (2024).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $400,000 worth of additional property that would have passed under a will if she had made one. Joe inherits $375,000 worth of that property—that is, $300,000 plus $75,000 worth of the remaining $100,000. Gerry’s father inherits $25,000.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from other relationships. Your surviving spouse inherits all of your intestate property. (N.D. Cent. Code § 30.1-04-02 (2024).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from other relationships. Your surviving spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance. (N.D. Cent. Code § 30.1-04-02 (2024).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $425,000 worth of property that would have passed under a will, so Karen inherits $325,000 worth of that property—that is, $225,000 plus $100,000 of the remaining $200,000. Bill’s and Karen’s two children inherit $50,000 each.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance. (N.D. Cent. Code § 30.1-04-02 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $175,000 worth of Barrett’s property—that is, $150,000 plus $25,000 (half of the $50,000 balance). Barrett’s daughter inherits the remaining $25,000 share of Barrett’s property.
If you die without a will in North Dakota, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, whether your spouse is also your children’s parent, and whether your spouse has children from other relationships. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of North Dakota must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. If your property goes to the state, it is used to support schools. (N.D. Cent. Code § 30.1-04-05 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the descendants of a spouse who dies before you do.
Here are a few other things to know about North Dakota intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find North Dakota’s intestate succession law here: North Dakota Century Code § § 30.1-04-01 to 30.1-04-21.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Minnesota.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Minn. Stat. §§ 524.2-102; 524.2-103 (2024).)
In Minnesota, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, your spouse inherits all of your intestate property. Your spouse also inherits your entire estate if all of your descendants are from you and your spouse, and your spouse has no descendants from prior relationships.
Under other circumstances, your spouse will share your intestate property as follows:
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from another relationships. Your surviving spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance. (Minn. Stat. § 524.2-102 (2024).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright—those things aren’t intestate property. Bill also owns $250,000 in property that would have passed under a will, so Karen inherits $237,500 worth of that property—that is, $225,000 plus $12,500 of the balance. The remaining $12,500 goes to Bill’s and Karen’s two children.
If you die with children or other descendants who are not the descendants of your surviving spouse. Your surviving spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance. (Minn. Stat. § 524.2-102 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $300,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $262,500 worth of Barrett’s property—that is, $225,000 plus $37,500 of the balance. Barrett’s daughter inherits the remaining $37,500 share of Barrett’s property.
If you die without a will in Minnesota, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, whether your spouse is also their parent and whether your spouse has children from another relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Minnesota must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Minn. Stat. § 524.2-105 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Minnesota intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Minnesota’s intestate succession law here: Minnesota Statutes §§ 524.2-101 to -123.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Missouri.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits first $20,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits 1/2 of your intestate property descendants inherit everything else |
parents and siblings but no spouse or descendants | parents and siblings inherit your intestate property in equal shares |
parents but no spouse, descendants, or siblings | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Mo. Rev. Stat. § 474.010 (2024).)
In Missouri, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with children or other descendants who are all from you and the surviving spouse. Your surviving spouse inherits the first $20,000 of your intestate property, plus 1/2 of the balance. (Mo. Rev. Stat. § 474.010 (2024).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright—those things aren’t intestate property. Bill also owns $260,000 in property that would have passed under a will, so Karen inherits $140,000 worth of that property—that is, $20,000 plus $120,000 of the balance. The two children split the remaining $120,000 worth of Bill’s property.
If you die with children or other descendants who are not the descendants of your surviving spouse. Your surviving spouse inherits 1/2 of your intestate property. (Mo. Rev. Stat. § 474.010 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and 1/2 of Barrett’s intestate property—that is, $100,000 worth. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Missouri, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Missouri must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Mo. Rev. Stat. § 474.010 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, great-grandparents, nieces or nephews, cousins of any degree, any relative to the ninth degree, or the children, parents, or siblings of a spouse who dies before you do.
Here are a few other things to know about Missouri intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Missouri's intestate succession laws in Sections 474.010 to 474.155 of the Missouri Statutes.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: | Here’s what happens: |
children but no spouse | children inherit everything |
spouse but no children, parents, or siblings | spouse inherits everything |
parents but no children, spouse, or siblings | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
a spouse and children | spouse has the right to use your share of the community property for life; this is called a “usufruct” children inherit your share of community property subject to the surviving spouse’s right to use it for life, plus all of your separate property |
a spouse and parents | spouse inherits all your community property parents inherit your separate property |
a spouse and siblings, but no parents | spouse inherits all of your community property siblings inherit your separate property |
siblings and parents, but no spouse or children | parents have the right to use your intestate property for life, then your siblings inherit everything |
(La. Civ. Code Art. 889; 890; 891; 892; 894 (2024).)
In Louisiana, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
If you die without parents, siblings, or descendants—that is, children, grandchildren, or great grandchildren—your spouse will inherit all of your property. If you do have descendants, your spouse will share your property with them according to the rules set out in the chart above. Likewise, if you die with parents or siblings, they will split your intestate property with your spouse.
There is a special rule for real estate in Louisiana. If an ancestor gave you a gift of real estate, and you die without children, the real estate will pass back to the ancestor when you die.
If you and your spouse are legally separated—but not yet divorced—when you die without a will, your spouse will not be entitled to your property.
If you’re concerned about this area of the law, see an experienced attorney for help.
If you die without a will in Louisiana, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Louisiana must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about Louisiana intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Louisiana’s intestate succession laws in Articles 880 to 899 of the Louisiana Civil Code. To read the code, go to the website of the Louisiana State Legislature. Select “Civil Code” from the dropdown menu and enter “880” in the “Article” box. You will be able to browse the law from there.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Michigan.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse, at least one descendant from you and that spouse, and at least one descendant from another relationship | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse, no descendants from you and that spouse, and at least one descendant from another relationship | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and parents | spouse inherits the first $150,000 of your intestate property, plus 3/4 of the balance parents inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Mich. Comp. Laws §§ 700.2102; 700.2103 (2024).)
Note: The dollar amounts in the chart above are based on the amounts for people who died in 2000 or earlier. The amount is adjusted each year for the cost of living. The department of treasury publishes the cost-of-living adjustment factor that is multiplied by the dollar amount. For example, in 2023 the factor was 1.823, so instead your spouse getting the first $150,000 if you had no descendants but had parents when you died, he or she would get the first $273,000, plus 3/4 of the balance of your estate. The amount is rounded to the nearest thousand dollars. (Mich. Comp. Laws § 700.1210 (2024).)
In Michigan, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $150,000 of your intestate property, plus 3/4 of the balance. (Mich. Comp. Laws § 700.2102 (2024).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Because Gerry has significant additional property that would have passed under a will, Joe inherits $150,000 worth of that property plus 3/4 of everything else. The remaining 1/4 of the intestate property goes to Gerry’s father. (But see “Note” above about cost of living adjustments for the spouse’s share.)
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance. (Mich. Comp. Laws § 700.2102 (2024).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns a good deal of other property that would have passed under a will, so Karen inherits $150,000 worth of that property plus half of everything else. The two children split the remaining half of Bill’s intestate property. (But see “Note” above about cost of living adjustments for the spouse’s share.)
If you die with at least one descendant from you and the surviving spouse, and at least one descendant from another relationship. Your spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance. (Mich. Comp. Laws § 700.2102 (2024).)
Example: Barrett and Jed are married, and they have a 19-year-old daughter. Barrett also has a son from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $350,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright. He also inherits $150,000 worth of Barrett’s property, plus 1/2 of the balance—that is, $100,000—for a total of $250,000. The two children split the remaining $100,000 share of Barrett’s property. (But see “Note” above about cost of living adjustments for the spouse’s share.)
If you die with at least one descendant from another relationship and no descendants from you and the surviving spouse. Your spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Mich. Comp. Laws § 700.2102 (2024).)
Example: Let’s slightly change the example above. In this case, let’s say Barrett and Jed are married, but they don’t have kids together. Barrett has a son from a previous marriage. Now Jed’s share of the $350,000 worth of intestate property is $100,000, plus 1/2 of the balance—that is, $125,000—for a total of $225,000. Barrett’s son inherits the remaining $125,000 share of Barrett’s property. (But see “Note” above about cost of living adjustments for the spouse’s share.)
If you die without a will in Michigan, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Michigan must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Mich. Comp. Laws § 700.2105 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Michigan intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Michigan’s intestate succession laws in the Michigan Compiled Laws §§ 700.2101 to 700.2114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Kansas.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants | spouse inherits 1/2 of your intestate property descendants inherit 1/2 of your intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Kan. Stat. §§ 59-504; 59-506; 59-507; 59-508 (2024).)
In Kansas, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—that is, children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property 50/50. (Kan. Stat. §§ 59-504; 59-506 (2024).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright; it is not intestate property. Jed also inherits $100,000 worth of Barrett’s additional property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Kansas, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Kansas must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Kan. Stat. § 59-514 (2024).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins, up to the sixth degree of relation.
Here are a few other things to know about Kansas intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Kansas’s intestate succession law here: Kansas Statutes §§ 59-501 to 59-514.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Iowa.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits everything |
spouse and at least one descendant from you and someone other than that spouse | spouse inherits 1/2 of your intestate real estate and at least 1/2 of your intestate personal property, provided the spouse’s share is worth at least $50,000 descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Iowa Code §§ 633.211; 633.212; 633.219 (2023).)
In Iowa, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—that is, children, grandchildren, or great-grandchildren—from a previous relationship. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property.
In most situations, your surviving spouse and your children from the previous relationship will split your property 50/50. However, your spouse’s share must always equal at least $50,000. If the amount falls short, it will be made up from the property left to your children. (Iowa Code § 633.212 (2023).)
Example: Jed and Barrett have been married for 30 years and have two grown children. Jed also has a grown daughter, Anna, from a previous marriage. Jed and Barrett own a house in joint tenancy, and Jed owns $400,000 worth of additional, separate property that would have passed under a will if he had made one. When Jed dies, Barrett inherits the house outright (it is not intestate property) plus $200,000 worth of Jed’s intestate property. Anna inherits the remaining $200,000 share of Jed’s intestate property.
If you die without a will in Iowa, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Iowa must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Iowa Code § 633.219 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, great grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the descendants of a spouse who dies before you do.
Here are a few other things to know about Iowa intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Iowa's intestate succession laws in Sections 633.21 to 633.231 of the Iowa Code.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Illinois.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants | spouse inherits 1/2 of your intestate property descendants inherit 1/2 of your intestate property |
parents but no spouse, descendants, or siblings | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
parents and siblings | parents and siblings inherit your intestate property in equal shares, except that if only one parent is living, that parent gets a double share |
(755 Ill. Comp. Stat. § 5/2-1 (2023).)
In Illinois, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property 50/50. (755 Ill. Comp. Stat. § 5/2-1 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright; it is not intestate property. Jed also inherits $100,000 worth of Barrett’s additional property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Illinois, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, Illinois must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s or county's coffers. (755 Ill. Comp. Stat. § 5/2-1 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, cousins, or great grandparents.
Here are a few other things to know about Illinois intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Illinois’s intestate succession law here: 755 Illinois Statutes §§ 5/2-1 to 5/2-5.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Indiana.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits 1/2 of your intestate property descendants inherit 1/2 of your intestate property |
spouse (who doesn't have children with you) and at least one descendant from a previous spouse | spouse inherits 1/2 of your intestate personal property and 1/4 of the fair market value of your real estate, minus the value of any liens or encumbrances on that real estate. descendants inherit everything else |
spouse and parents | spouse inherits 3/4 of your intestate property parents inherit 1/4 of your intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
siblings and parents and no spouse or descendants | Siblings and parents share equally, but a parent’s share must be at least ¼ of the intestate property |
(Ind. Code § 29-1-2-1 (2023).)
In Indiana, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits 3/4 of your intestate property. (Ind. Code § 29-1-2-1 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $100,000 worth of additional property that would have passed under a will if she had made one. Joe inherits $75,000 worth of that property. The remaining $25,000 worth of Gerry’s intestate property goes to Gerry’s father.
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits 1/2 of your intestate property. (Ind. Code § 29-1-2-1 (2023).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $200,000 worth of other property that would have passed under a will, so Karen inherits $100,000 worth of that property. The remaining $100,000 goes to Bill’s and Karen’s two children.
If you die with at least one descendant who is not the descendant of your surviving spouse (and you have no children with your surviving spouse). Your spouse inherits 1/2 of your intestate personal property plus 1/4 of the fair market value of your intestate real estate minus the value of any liens or encumbrances on that real estate. (Ind. Code § 29-1-2-1 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed. Barrett also is the sole owner of real estate valued at $400,000 that has no liens or encumbrances on it. Finally, Barrett owns $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright (it is not intestate property) plus $100,000 worth of Barrett's property. Jed also inherits $100,000 of Barrett’s separate real estate. Barrett's daughter inherits the remaining $100,000 share of Barrett's property plus $300,000 worth of the separate real estate.
If you die without a will in Indiana, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Indiana must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Ind. Code § 29-1-17-12 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about Indiana intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Indiana’s intestate succession law here: Indiana Code §§ 29-1-2-1 to 29-1-2-15.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Delaware.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance, plus the right to use any intestate real estate for life your descendants inherit everything else |
spouse and at least one descendant from you and someone other than that spouse | spouse inherits 1/2 of your intestate property, plus the right to use any intestate real estate for life descendants inherit everything else |
spouse and parents | spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance, plus the right to use any intestate real estate for life parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Del. Code tit. 12, §§ 502; 503 (2023).)
In Delaware, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance, and the right to use any intestate real estate for life. (Del. Code tit. 12, § 502 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Because Gerry has significant additional property that would have passed under a will, Joe inherits $50,000 worth of that property plus half of everything else. The remaining half of Gerry’s intestate property goes to Gerry’s father.
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance, and the right to use any intestate real estate for life. (Del. Code tit. 12, § 502 (2023).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. Bill and Karen live in a rented condominium, but Bill also owns a small house in another city from which the couple receives rental income. Finally, Bill has a good deal of other property that would have passed under a will if he had made one. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Karen also inherits the first $50,000 worth of Bill’s property, plus half of everything else, and she has the right to use and receive rental income from Bill’s house for as long as she lives. The remaining half of Bill’s property goes to the couple’s children, who will also inherit the house after Karen’s death.
If you die with at least one descendant who is not the descendant of your surviving spouse. Your spouse inherits 1/2 of your intestate property, plus the right to use any intestate real estate for life. (Del. Code tit. 12, § 502 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Delaware, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether they are also your spouse’s children. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Delaware must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. Del. Code tit. 12, § 1101 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about Delaware intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Delaware’s intestate succession law here: Delaware Code, Title 12, Chapter 5.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Florida.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits 1/2 of your intestate property your descendants inherit 1/2 of your intestate property |
spouse and descendants from you and someone other than that spouse | spouse inherits 1/2 of your intestate property your descendants inherit 1/2 of your intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Fla. Stat. §§ 732.102; 732.103 (2023).)
In Florida, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with children or other descendants from you and the surviving spouse, and you and your surviving spouse have no descendants from other relationships. Your surviving spouse inherits everything. (Fla. Stat. § 732.102 (2023).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from other relationships. Your surviving spouse inherits half of your intestate property and your descendants inherit the other half. (Fla. Stat. § 732.102 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $200,000 worth of other property that would have passed under a will, so Karen inherits $100,000 worth of that property. The remaining $100,000 goes to Bill’s and Karen’s two children.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits half of your intestate property and your descendants inherit the other half. (Fla. Stat. § 732.102 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Florida, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether you or your spouse had children from a previous relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, Florida must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Fla. Stat. § 732.107 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the children, parents, or siblings of a spouse who dies before you do.
Here are a few other things to know about Florida intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Florida’s intestate succession law here: Florida Statutes §§ 732.101 to 732.111 .
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com. For more information on the probate process and the executor's responsibilities, see Nolo's book, The Executor's Guide: Settling a Loved One's Estate or Trust.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Hawaii.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits $150,000 of your intestate property plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits $100,000 of your intestate property plus 1/2 of the balance your descendants inherit everything else |
spouse and parents | spouse inherits $200,000 of intestate property plus 3/4 of the balance parents inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Haw. Rev. Stat. §§ 560:2-102; 560:2-103 (2023).)
In Hawaii, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $200,000 of your intestate property, plus 3/4 of the balance. (Haw. Rev. Stat. § 560:2-102 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also owns $300,000 worth of property that would have passed under a will if she had made one. Joe inherits $275,000 worth of that property—that is, $200,000 plus 3/4 of the $100,000 balance. The remaining $25,000 worth of Gerry’s intestate property goes to Gerry’s father.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from other relationships. Your surviving spouse inherits everything. (Haw. Rev. Stat. § 560:2-102 (2023).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from other relationships. Your surviving spouse inherits $150,000 of your intestate property plus 1/2 of the balance. (Haw. Rev. Stat. § 560:2-102 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $450,000 worth of other property that would have passed under a will, so Karen inherits $300,000 worth of that property—that is, $150,000 plus 1/2 of the $300,000 balance. The remaining $150,000 goes to Bill’s and Karen’s two children.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits $100,000 of your intestate property plus 1/2 of the balance. (Haw. Rev. Stat. § 560:2-102 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $150,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $50,000 share of Barrett’s property.
In Hawaii, the rules for married people also apply to reciprocal beneficiaries.
If you die without a will in Hawaii, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether they are also your spouse’s children. (See the table above.)
For children to inherit from you under the laws of intestacy, Hawaii must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Haw. Rev. Stat. § 560:2-105 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
If you die without any heirs and have an interest in kuleana lands, this property will go to the Department of Land and Natural Resources and be held in trust until the Office of Hawaiian Affairs develops a land management plan for its use. (Haw. Rev. Stat. § 560:2-105.5 (2023).)
Here are a few other things to know about Hawaii intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Hawaii’s intestate succession law here: Hawaii Statutes §§ 560:2-101 to 560:2-114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Idaho.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
parents but no spouse or descendants | parents inherit everything |
a spouse and descendants | spouse inherits all of your community property and 1/2 of your separate property children inherit 1/2 of your separate property |
a spouse and parents | spouse inherits all of your community property and 1/2 of your separate property parents inherit 1/2 of your separate property |
(Idaho Code §§ 15-2-102; 15-2-103 (2023).)
In Idaho, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You can find Idaho's community property laws here: Idaho Code §§ 32-901 to 32-929.
Your spouse will inherit your half of the community property. If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents or descendants. If you do, they and your spouse will share your separate property. (See Above.)
If you’re concerned about this area of the law, see an experienced attorney for help.
If you die without a will in Idaho, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Idaho must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Idaho Code § 14-113 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about Idaho intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Idaho’s intestate succession laws here: Idaho Code §§ 15-2-101 to 15-2-114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Alaska.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
parents but no spouse or children | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
spouse and descendants from you and that spouse, and you and your spouse have no other descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and parents | spouse inherits the first $200,000 of the intestate estate, plus 3/4 of the balance parents inherit everything else |
(Alaska Stat. §§ 13.12.102; 13.12.103 (2023).)
In Alaska, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $200,000 of your intestate property, plus 3/4 of the balance. (Alaska Stat. § 13.12.102 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry and Joe signed an agreement that they wanted their house to be treated as community property; it is designated community property with right of survivorship. Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry has $600,000 of additional property that would have passed under a will. Joe inherits $500,000 of that property—the first $200,000 plus $300,000 (3/4 of the remaining $400,000). The remaining 1/4 ($100,000) of the intestate property goes to Gerry's father.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from previous relationships. Your surviving spouse inherits all of your intestate property. (Alaska Stat. § 13.12.102 (2023).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from previous relationships. Your surviving spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance. (Alaska Stat. § 13.12.102 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $350,000 of other property that would have passed under a will. Karen inherits $250,000 worth of that property—the first $150,000 plus half of the remaining $200,000. The remaining $100,000 of Bill's intestate property goes to Bill's and Karen's two children.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Alaska Stat. § 13.12.102 (2023).)
Example: Barrett is married to Jed and also has a daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $150,000 worth of Barrett’s property—that is, $100,000 plus half of the remainder. Barrett’s daughter inherits the remaining $50,000 share of Barrett’s property.
In addition, if you own inalienable stock in a corporation organized under the Alaska Native Claims Act, your spouse’s inheritable share depends on whether you have children, grandchildren, or great grandchildren. If you don’t, your spouse inherits all of it. If you do, your spouse takes half. (Alaska Stat. § 13.12.102 (2023).)
If you die without a will in Alaska, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether you are married, and whether your children are also your spouse's children. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Alaska must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Alaska Stat. § 13.12.105 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Alaska intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Alaska’s intestate succession laws here: Alaska Statutes §§ 13.12.101-13.12.114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Arizona.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
a spouse and descendants from you and that spouse | spouse inherits everything |
a spouse and descendants from you and someone other than that spouse | spouse inherits 1/2 of your separate property but no interest in the 1/2 of the community property that belonged to you children inherit 1/2 of separate property and the 1/2 of the community property that belonged to you |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Ariz. Rev. Stat. §§ 14-2102; 14-2103 (2023).)
In Arizona, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You can find Arizona's community property laws here: Arizona Revised Statutes §§ 25-211 to 25-218.
In Arizona, your surviving spouse will automatically inherit your half of the community property if you have no descendants or if you have descendants—children, grandchildren, or great grandchildren—resulting only from your relationship with your surviving spouse. If you have descendants from another relationship, your spouse will automatically inherit your half of the community property only if you hold that property as “community property with the right of survivorship.” Otherwise, your half of the community property will be distributed among your descendants. (Ariz. Rev. Stat. § 14-2102 (2023).)
If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. As with your community property, the size of your spouse’s share of your separate property depends on whether or not you have living descendants—children, grandchildren, or great grandchildren—from a previous relationship. If you do, those descendants and your spouse will share your separate property.
If you die without a will in Arizona, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether you are married, and whether your children are also your spouse's children. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Arizona must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Ariz. Rev. Stat. § 14-2105 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles or cousins.
Here are a few other things to know about Arizona intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Arizona's intestate succession laws here: Arizona Revised Statutes §§ 14-2101 to 14-2114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in California.
Under intestate succession, who gets what depends on who your closest relatives are when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no children, parents, siblings, or nieces or nephews | spouse inherits everything |
parents but no children, spouse, or siblings | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
a spouse and one child or grandchild | spouse inherits all of your community property and 1/2 of your separate property |
a spouse and two or more children | spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property |
a spouse and one child and one or more grandchildren from a deceased child | spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property |
a spouse and grandchildren from two or more deceased children | spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property |
a spouse and parents | spouse inherits all of your community property and 1/2 of your separate property parents inherit 1/2 of your separate property |
a spouse and siblings, but no parents | spouse inherits all of your community property and 1/2 of your separate property siblings inherit 1/2 of your separate property |
(Cal. Prob. Code §§ 6401; 6402 (2023).)
In California, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property—as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You also can find California's laws regarding community and separate property here: California Family Code §§ 760 through 772.
Your spouse will inherit your half of the community property. If you have separate property (many spouses mix everything together and don’t have any separate property), your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents, children, siblings, or nieces or nephews. If you do, they and your spouse will share your separate property. (Cal. Prob. Code § 6401 (2023).)
If you and your spouse are legally separated—but not yet divorced—when you die without a will, your spouse will not be entitled to your property. If you’re concerned about this area of the law, see an experienced attorney for help.
In California, the rules for married people also apply to registered domestic partners.
If you die without a will in California, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of California must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Cal. Prob. Code §§ 6404; 6800 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the children, parents, or siblings of a spouse who dies before you do.
Here are a few other things to know about California intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find California’s intestate succession laws here: California Probate Code § § 6400-6414.
For information on how probate works in California, see How to Probate an Estate in California.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Alabama.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no children or parents | spouse inherits everything |
a spouse and children who belong to you and that spouse | spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance of your intestate property children inherit remaining intestate property |
a spouse and children who are not that spouse’s children | spouse inherits 1/2 of the intestate property children inherit 1/2 of the intestate property |
a spouse and parents | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance of your intestate property parents inherit remaining intestate property |
parents but no children or spouse | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
(Ala. Code §§ 43-8-41; 43-8-42 (2023).)
In Alabama, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or children. If you don't, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no children. Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Ala. Code § 43-8-41 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry has $500,000 in additional property that would have passed under a will. Joe inherits $300,000 worth of that property—the first $100,000 plus half ($200,000) of the remaining $400,000. The remaining $200,000 goes to Gerry's father.
If you die with children who were born to you and the surviving spouse. Your surviving spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance. (Ala. Code § 43-8-41 (2023).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $250,000 of other property that would have passed under a will. Karen inherits $150,000 worth of that property—the first $50,000 plus half of the remaining $200,000. The remaining half goes to the couple's children.
If you die with children who are not the children of your surviving spouse. Your spouse inherits 1/2 of your intestate property. (Ala. Code § 43-8-41 (2023).)
Example: Barrett is married to Jed and also has a son from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett's property. Barrett's son inherits the remaining $100,000 share of Barrett's property.
If you die without a will in Alabama, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Alabama must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don't have any family, your property will "escheat" into the state's coffers. (Ala. Code § 43-8-44 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles or cousins.
Here are a few other things to know about Alabama intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Alabama's intestate succession laws in Title 43 of the Alabama Code.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Washington.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no children, parents, or siblings | spouse inherits everything |
parents but no children or spouse | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
a spouse and children | spouse inherits all of your community property and 1/2 of your separate property children inherit 1/2 of your separate property |
a spouse and parents | spouse inherits all of your community property and 3/4 of your separate property parents inherit 1/4 of your separate property |
a spouse and siblings, but no parents | spouse inherits all of your community property and 3/4 of your separate property siblings inherit 1/4 of your separate property |
(Wash. Rev. Code § 11.04.015 (2023).)
In Washington, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property -- as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage.
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
You can find Washington’s community property laws here: Wash. Rev. Code §§ 26.16.010 to 26.16.250.
Your spouse will inherit your half of the community property. If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents, children, or siblings. If you do, they and your spouse will share your separate property according to the rules in the chart above.
In Washington, the rules for married people also apply to registered domestic partners.
If you die without a will in Washington, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Washington must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws yourself, you’ll find a link to the Washington Code at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Wash. Rev. Code §§ 11.08.140; 11.08.150 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Washington intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Washington’s intestate succession law in Title 11 of the Washington Revised Code.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in West Virginia.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits 3/5 of your intestate property your descendants inherit 2/5 of your intestate property |
spouse and descendants from you and someone other than that spouse | spouse inherits 1/2 of your intestate property your descendants inherit 1/2 of your intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(W. Va. Code §§ 42-1-3; 42-1-3a (2023).)
In West Virginia, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from previous relationships. Your surviving spouse inherits everything. (W. Va. Code § 42-1-3 (2023).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from previous relationships. Your surviving spouse inherits 3/5 of your intestate property and your descendants inherit the rest. (W. Va. Code § 42-1-3 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $250,000 worth of other property that would have passed under a will, so Karen inherits $150,000 worth of that property. The remaining $100,000 goes to Bill’s and Karen’s two children.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits half of your intestate property and your descendants inherit the other half. (W. Va. Code § 42-1-3 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in West Virginia, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether you or your spouse have children from another relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, West Virginia must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws yourself, you will find a link to the West Virginia Code at the end of this article.
Will the State Get Your Property?
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (W. Va. Code § 42-1-3c (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about West Virginia intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find West Virginia’s intestate succession law here: W. Va. Code §§ 42-1-1 to 42-1-12.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don't have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Utah.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here's a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits everything |
spouse and descendants from you and someone other than that spouse | spouse inherits the first $75,000 of your intestate property, plus 1/2 of the balance (but see the discussion of advancements in the following section on the spouse's share) descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Utah Code §§ 75-2-102; 75-2-103 (2023).)
In Utah, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren.
If you die with no descendants, or if all of your descendants are from you and your surviving spouse. Your spouse inherits all of your intestate property. (Utah Code § 75-2-102 (2023).)
If you die with descendants who are not the descendants of your surviving spouse—in other words, you have children or grandchildren from a previous relationship. Your spouse inherits the first $75,000 of your intestate property, plus 1/2 of the balance. Your descendants inherit everything else. (Utah Code § 75-2-102 (2023).)
If your spouse will split your property with others, there's another rule to bear in mind: The value of any nonprobate transfers—for example, a house that passes through joint tenancy or a transfer of any of the types of property listed under "Which Assets Pass by Intestate Succession," above— will be added to the intestate estate.
The nonprobate transfer is considered an "advancement," meaning that its value will be deducted from the spouse's intestate share. If the amount of the advancement exceeds what the spouse is entitled to under intestate succession laws, the spouse will not have to pay anything back, but he or she will not inherit anything more. (Utah Code §§ 75-2-102; 75-2-206 (2023).)
Example: Barrett is married to Jed and has a 12-year-old daughter from a previous marriage. Barrett has a life insurance policy with a $275,000 benefit payable to Jed. Barrett also owns $300,000 worth of additional, separate property that would have passed under a will if she had made one. When Barrett dies, Jed owns the life insurance proceeds outright; life insurance is a nonprobate asset and doesn't go through probate. However, the value of the life insurance benefit is added to Barrett's intestate estate, giving it a total value of $575,000. Jed's share of the intestate estate is $75,000 plus $250,000 (half of the balance), for a total of $325,000. The value of the insurance is deducted from the total as an advancement, so Jed inherits only $50,000 of the intestate property. Barrett's daughter inherits the remaining $250,000 of Barrett's intestate property.
Whether property such as a house is considered part of the intestate estate can be complicated depending on how it is titled or how it was purchased. If you and your spouse own property together, you might want to talk to an attorney to determine how the property will be divided when you die.
If you die without a will in Utah, your children will receive an "intestate share" of your property. The size of each child's share depends on how many children you have, whether or not you are married and whether your spouse is also your children's parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Utah must consider them your children, legally. For many families, this is not a confusing issue. But it's not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws themselves, you'll find a link to the Utah Code at the end of this article.
If you die without a will and don't have any family, your property will "escheat" into the state's coffers. (Utah Code § 75-2-105 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won't go to the state if you leave a spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the descendants of a spouse who dies before you do. (Utah Code § 75-2-103 (2023).)
Here are a few other things to know about Utah's intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There's No Will.
You can find Utah’s intestate succession law here: Utah Code §§ 75-2-101 to 75-2-114.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in New Hampshire.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits the first $250,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and parents | spouse inherits the first $250,000 of your intestate property, plus 3/4 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(N.H. Rev. Stat. § 561:1 (2023).)
In New Hampshire, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $250,000 of your intestate property, plus 3/4 of the balance. (N.H. Rev. Stat. § 561:1 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $350,000 worth of additional property that would have passed under a will if she had made one. Joe inherits $325,000 worth of that property – that is, $250,000 plus $75,000 worth of the remaining $100,000. Gerry’s father inherits $25,000.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from previous relationships. Your surviving spouse inherits the first $250,000 of your intestate property, plus 1/2 of the balance. (N.H. Rev. Stat. § 561:1 (2023).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $450,000 worth of property that would have passed under a will, so Karen inherits $350,000 worth of that property – that is, $250,000 plus $100,000 of the remaining $200,000. The two children inherit $50,000 each.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from previous relationships. Your surviving spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance. (N.H. Rev. Stat. § 561:1 (2023).)
Example: Let’s use the example just above but, this time, say that Karen also has a son from a previous marriage. Karen still receives the life insurance policy proceeds and inherits the bank account outright, because those things aren’t intestate property. But in this case, Karen inherits only a $300,000 share of Bill’s $450,000 worth of intestate property -- that is, $150,00 plus $150,000 of the remaining $300,000. Bill’s and Karen’s two grown children inherit $75,000 each.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (N.H. Rev. Stat. § 561:1 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $150,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $50,000 share of Barrett’s property.
If you die without a will in New Hampshire, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of New Hampshire must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (N.H. Rev. § 561:9 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, cousins, or other relatives to the fourth degree.
Here are a few other things to know about New Hampshire intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find New Hampshire’s intestate succession law here: New Hampshire Revised Statutes § § 561:1 to 561:21.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Pennsylvania.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits 1/2 of your intestate property descendants inherit everything else |
spouse and parents | spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(20 Pa. Cons. Stat. §§ 2102; 2103 (2023).)
In Pennsylvania, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance. (20 Pa. Cons. Stat. § 2102 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $350,000 worth of additional property that would have passed under a will if she had made one. Joe inherits $190,000 worth of that property – that is, $30,000 plus $160,000 worth of the remaining $320,000. Gerry’s father inherits $160,000.
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits the first $30,000 of your intestate property, plus 1/2 of the balance. (20 Pa. Cons. Stat. § 2102 (2023).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $450,000 worth of property that would have passed under a will, so Karen inherits $240,000 worth of that property – that is, $30,000 plus $210,000 of the remaining $420,000. The two children inherit $105,000 each.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits 1/2 of your intestate property. (20 Pa. Cons. Stat. § 2102 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
These rules do not apply if your spouse has “willfully neglected or refused to perform the duty” of supporting you for at least one year. They also do not apply if you die in the state of Pennsylvania during divorce proceedings from your spouse. (20 Pa. Cons. Stat. § 2106 (2023).)
If you die without a will in Pennsylvania, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also your children’s parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Pennsylvania must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the law itself, you’ll find a link at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (20 Pa. Cons. Stat. § 2103 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Pennsylvania intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Pennsylvania’s intestate succession law here: Title 20, Pennsylvania Consolidated Statutes § § 2101 to 2110.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Tennessee.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants | spouse and descendants equally share the intestate property, but the spouse’s share may not be less than 1/3 |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Tenn. Code § 31-2-104 (2023).)
In Tennessee, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property equally, except that your spouse’s share cannot be less than 1/3. (Tenn. Code § 31-2-104 (2023).)
Example 1: Bill is married to Karen, and they have three grown children. Bill and Karen own a house in joint tenancy, and Karen is also the named beneficiary of Bill’s retirement account. When Bill dies, Karen automatically inherits the house and any remaining retirement funds; those things are not intestate property. Bill also owns $300,000 worth of other property that would have passed under a will, so Karen inherits $100,000 worth -- that is, 1/3 -- of that property. The three children split the remaining $200,000 worth of Bill’s intestate property.
Example 2: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright -- it isn’t intestate property. Jed also inherits $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
Example 3: Jill is married to Kevin, and they have four grown children. Jill and Kevin own a large bank account in joint tenancy, and Jill took out a life insurance policy naming Kevin as the beneficiary. When Jill dies, Kevin receives the life insurance policy proceeds and inherits the bank account outright. Jill also owns $600,000 worth of property that would have passed under a will, so Kevin inherits $200,000 worth – that is, 1/3 – of that property. The four children split the remaining $400,000 worth of Jill’s intestate property, receiving $100,000 each.
If you die without a will in Tennessee, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, Tennessee must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the laws themselves, you’ll find a link to the Tennessee Statutes at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Tenn. Code § 31-2-109 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Tennessee’s intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Tennessee’s intestate succession laws in Sections 31-2-101 to 31-2-109 of the Tennessee Code.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in New York.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants | spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(N.Y. Est. Powers & Trusts Law § 4-1.1 (2023).)
In New York, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great grandchildren. If you don’t, then your spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance. (N.Y. Est. Powers & Trusts Law § 4-1.1 (2023).)
Example 1: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright—those things are not intestate property. Bill also owns $350,000 worth of other property that would have passed under a will. Karen inherits $200,000 worth of that property—that is, $50,000 plus $150,000 worth of the balance. The two children split the remaining $150,000.
Example 2: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $125,000 worth of Barrett’s property—that is, $50,000 plus $75,000 worth of the balance. Barrett’s daughter inherits the remaining $75,000 share of Barrett’s property.
If you die without a will in New York, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of New York must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (N.Y. Est. Powers & Trusts Law § 4-1.5 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, great grandchildren, parents, grandparents, siblings, nieces, nephews, great nieces or nephews, aunts, uncles, or cousins.
Here are a few other things to know about New York’s intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find New York’s intestate succession law here: Article 4 Descent and Distribution of an Intestate Estate.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
For more on New York estate planning issues, see our section on New York Estate Planning.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Oregon.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits everything |
spouse and at least one descendant from you and someone other than that spouse | spouse inherits 1/2 of your intestate property descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Or. Rev. Stat. §§ 112.025; 112.035; 112.045 (2023).)
In Oregon, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don’t, or if all of your descendants are also descendants of your spouse, then your spouse inherits all of your intestate property. (Or. Rev. Stat. § 112.025 (2023).)
If, however, you die with at least one descendant who is not the descendant of your surviving spouse, then your spouse inherits only 1/2 of your intestate property.
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright -- it’s not intestate property -- plus $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Oregon, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, whether your spouse is also their parent, and whether you have any children from a previous relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Oregon must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney. If you want to read the law itself, you’ll find a link to Oregon’s intestate succession statutes at the end of this article.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Or. Rev. Stat. § 112.055 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Oregon intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Oregon’s laws on wills and intestate succession here: Oregon Revised Statutes § § 112.015 to 112.830.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Nebraska.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and at least one descendant from you and someone other than that spouse | spouse inherits 1/2 of your intestate property descendants inherit everything else |
spouse and parents | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Neb. Rev. Stat. §§ 30-2302; 30-2303 (2023).)
In Nebraska, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Neb. Rev. Stat. § 30-2302 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $300,000 worth of additional property that would have passed under a will if she had made one. Joe inherits $200,000 worth of that property – that is, $100,000 plus $100,000 worth of the remaining $200,000. Gerry’s father inherits $100,000.
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Neb. Rev. Stat. § 30-2302 (2023).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $400,000 worth of other property that would have passed under a will, so Karen inherits $250,000 worth of that property – that is, $100,000 plus $150,000 of the remaining $300,000. The two children inherit $75,000 each.
If you die with at least one descendant who is not the descendant of your surviving spouse. Your spouse inherits 1/2 of your intestate property. (Neb. Rev. Stat. § 30-2302 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Nebraska, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether they are also your spouse’s children. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Nebraska must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
If you want to read the law, Nebraska Statutes § § 30-2308 and 30-2309 cover parent-child relationships.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Neb. Rev. Stat. § 30-2305 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about Nebraska intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Nebraska’s intestate succession law here: Nebraska Statutes § § 30-2301 to 30-2312.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Nevada.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse, parents, or siblings | children inherit everything |
spouse but no children, parents, or siblings | spouse inherits everything |
parents but no children, spouse, or siblings | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
a spouse and one child | spouse inherits all of your community property and 1/2 of your separate property child inherits 1/2 of your separate property |
a spouse and two or more children | spouse inherits all of your community property and 1/3 of your separate property children inherit 2/3 of your separate property, divided in equal shares among them |
a spouse and parents | spouse inherits all of your community property and 1/2 of your separate property parents inherit 1/2 of your separate property |
a spouse and siblings, but no parents | spouse inherits all of your community property and 1/2 of your separate property siblings inherit 1/2 of your separate property |
(Nev. Rev. Stat. §§ 134.040; 134.050; 134.060; 134.090 (2023).)
In Nevada, if you are married and you die without a will, what your spouse gets depends in part on how the two of you owned your property -- as separate property or community property. Generally, community property is property acquired while you were married, and separate property is property you acquired before marriage. There are a couple of big exceptions: Gifts and inheritances given to one spouse are separate property, even if acquired during marriage. (Nev. Rev. Stat. §§ 123.130; 123.220 (2023).)
If you want to learn more about how community property works, read Separate and Community Property During Marriage: Who Owns What?
Your spouse will inherit your half of the community property. If you have separate property (many spouses mix everything together and don’t have any separate property) your spouse will inherit all or a portion of it. The size of your spouse’s share of your separate property depends on whether or not you have living parents, children, or siblings. If you do, they and your spouse will share your separate property. (See the table above.)
If you’re concerned about this area of the law, see an experienced attorney for help.
In Nevada, the rules for married people also apply to registered domestic partners.
If you die without a will in Nevada, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Nevada must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins. If you have no surviving relatives, your estate escheats to the state for educational purposes. (Nev. Rev. Stat. § 134.120 (2023).)
Here are a few other things to know about Nevada intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Nevada’s intestate succession laws here: Nevada Revised Statutes § § 134.010 to 134.210.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Maryland.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants | spouse inherits everything |
spouse and children who are minors | spouse inherits 1/2 of your intestate property children inherit everything else |
spouse and descendants who aren't descendants of your spouse, but no children who are minors | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Md. Code Est. and Trusts §§ 3-102; 3-103; 3-104 (2023).)
In Maryland, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with children who are minors. Your spouse inherits 1/2 of your intestate property. (Md. Code Est. and Trusts § 3-102 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die with descendants who aren't descendants of your spouse but no children who are minors. Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Md. Code Est. and Trusts § 3-102 (2023).)
Example: Bill is married to Karen, and Bill has two grown children from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $400,000 worth of other property that would have passed under a will, so Karen inherits $250,000 worth of that property—that is, $100,000 plus 1/2 of the $300,000 balance. The two children split the remaining $150,000 worth of property.
If you die without a will in Maryland, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married and whether your children are minors. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Maryland must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
If you want to read the law, you can search the code from the website of the Maryland General Assembly.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, great grandparents, nieces, nephews, cousins, aunts, uncles, or the descendants of a spouse who dies before you do. (Md. Code Est. and Trusts § 3-104 (2023).)
If you do die without a will and without any heirs, your estate will be paid to either the Maryland Department of Health and Mental Hygiene or the county board of education. (Md. Code Est. and Trusts § 3-105 (2023).)
Here are a few other things to know about Maryland intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Maryland’s intestate succession laws in the Estates & Trusts chapter of the Maryland Code § § 3-101 to 3-112. If you want to read the law, you can search the Maryland Code from the website of the Maryland General Assembly.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Massachusetts.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and all of your descendants are from you and that spouse (and the spouse has no other descendants) | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits the first 100,000, plus 1/2 of the balance descendants inherit 1/2 of your intestate property |
spouse and descendants from you who aren't your spouse's descendants | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance descendants inherit 1/2 of your intestate property |
spouse and parents but no descendants | spouse inherits the first $200,000 of your intestate property, plus 3/4 of the balance parents inherit everything else |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Mass. Gen. Laws ch. 190B, §§ 2-102; 2-103 (2023).)
In Massachusetts, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants – children, grandchildren, or great grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents, but no descendants. Your surviving spouse inherits the first $200,000 of your intestate property, plus 3/4 of the balance. The rest of your property goes to your parents.(Mass. Gen. Laws ch. 190B, § 2-102 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also owns $500,000 worth of property that would have passed under a will if she had made one. Joe inherits $425,000 worth of that property -- that is, $200,000 plus 3/4 of the $300,000 balance. The remaining $75,000 worth of Gerry's intestate property goes to Gerry's father.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from other relationships. Your surviving spouse inherits everything. (Mass. Gen. Laws ch. 190B, § 2-102 (2023).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has descendants from other relationships. Your surviving spouse inherits $100,000 of your intestate property plus 1/2 of the balance. (Mass. Gen. Laws ch. 190B, § 2-102 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $400,000 worth of other property that would have passed under a will, so Karen inherits $250,000 worth of that property -- that is, $100,000 plus 1/2 of the $300,000 balance. The remaining $150,000 goes to Bill’s and Karen’s two children.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits $100,000 of your intestate property plus 1/2 of the balance. (Mass. Gen. Laws ch. 190B, § 2-102 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $150,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $50,000 share of Barrett’s property.
If you die without a will in Massachusetts, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, whether your children are also the children of your spouse, and whether your spouse has any children from a previous relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Massachusetts must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins. (Mass. Gen. Laws ch. 190B, §§ 2-102; 2-103 (2023).)
If a veteran without heirs dies while a member of a state-operated veterans' home, the property will go to the legacy fund for that home. (Mass. Gen. Laws, ch. 190B § 2-105 (2023).)
Here are a few other things to know about Massachusetts’s intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Massachusetts’s intestate succession laws in the Massachusetts General Laws, Chapter 190B, Article II. If you want to read the law, you can search the Massachusetts General Laws from the website of the Massachusetts Legislature.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Montana.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and your spouse, and you and your spouse have no other descendants | spouse inherits everything |
spouse and descendants from you and your spouse, and your spouse has descendants from another relationship | spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than your spouse | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and parents | spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Mont. Code §§ 72-2-112; 72-2-113 (2023).)
In Montana, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance. (Mont. Code § 72-2-112 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry's retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also has $400,000 worth of additional property that would have passed under a will if she had made one. Joe inherits $375,000 worth of that property – that is, $300,000 plus $75,000 worth of the remaining $100,000. Gerry's father inherits $25,000.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from other relationships. Your surviving spouse inherits all of your intestate property. (Mont. Code § 72-2-112 (2023).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from other relationships. Your surviving spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance. (Mont. Code § 72-2-112 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $425,000 of other property that would have passed under a will. Karen inherits $325,000 worth of that property ($225,000 plus half of the remaining $200,000). The remaining $100,000 of Bill's intestate property goes to Bill's and Karen's two children.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance. (Mont. Code § 72-2-112 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $175,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $25,000 share of Barrett’s property.
If you die without a will in Montana, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, whether your children are also your spouse’s children, and whether your spouse has children from another relationship. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Montana must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Mont. Code § 72-2-115 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, aunts, uncles, or cousins.
Here are a few other things to know about Montana intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Montana’s intestate succession law here: Montana Code § § 72-2-111 to 72-2-125.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Kentucky.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse and descendants | spouse inherits 1/2 of your personal property and 1/2 of your real property to sell or give away descendants inherit 1/2 of your personal property and the remainder of your real property |
spouse and parents, but no descendants | spouse inherits 1/2 of your personal property and 1/2 of your real property to sell or give away parents inherit 1/2 of your personal property and the remainder of your real property |
spouse and siblings, but no descendants or parents | spouse inherits 1/2 of your personal property and 1/2 of your real property to sell or give away siblings inherit 1/2 of your personal property and the remainder of your real property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Ky. Rev. Stat. §§ 391.010; 391.030; 392.020 (2023).)
In Kentucky, if you die without a will, your spouse will inherit property from you under a law called “dower and curtesy.” Usually, this means that your spouse inherits 1/2 of your intestate property. The rest of your property passes to your descendants, parents, or siblings. If you don’t have descendants, parents, or siblings, then your spouse inherits everything. (Ky. Rev. Stat. § 392.020 (2023).)
The rules of dower and curtesy, when combined with intestate succession laws, can quickly become complicated. Following is a simple example of how they might work.
Example: Paul and Joan were married for seven years, and Paul has two children from a previous marriage. Paul and Joan own a house in joint tenancy. Paul also owns a substantial amount of personal property, including some very valuable antiques. When Paul dies without a will, the house passes automatically to Joan, because it is not intestate property. In addition, Joan inherits 1/2 of Paul’s personal property under the rules of dower and curtesy. The remaining 1/2 of Paul’s personal property passes to his kids.
If you have any concerns about this area of the law, see an experienced attorney for help.
If you die without a will in Kentucky, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Kentucky must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
If you want to read the law, you can search the Kentucky Statutes by visiting the website of the Kentucky Legislature.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Ky. Rev. Stat. § 393.020 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, great grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, brothers or sisters of grandparents, or the children, parents, or siblings of a spouse who dies before you do.
Here are a few other things to know about Kentucky intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Kentucky’s dower and curtesy law in Chapter 392 of the Kentucky Statutes. Intestate succession laws are covered in Sections 391.010 to 391.170. You can search the Kentucky Statutes by visiting the website of the Kentucky Legislature.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Maine.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and all of your descendants also are your spouse’s descendants (and your spouse has no other surviving descendants) | spouse inherits everything |
spouse and all of your descendants are also your spouse’s descendants but your spouse has other descendants who aren't your descendants | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and parents but no descendants | spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance parents inherit everything else |
spouse and descendants from you who aren’t your spouse’s descendants | spouse inherits 1/2 of the intestate estate descendants inherit the other 1/2 |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Me. Rev. Stat. tit. 18-C, §§ 2-102; 2-103 (2023).)
In Maine, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance. (Me. Rev. Stat. tit. 18-C, § 2-102 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Gerry also owns $400,000 worth of property that would have passed under a will if she had made one. Joe inherits $375,000 worth of that property -- that is, $300,000 plus 3/4 of the $100,000 balance. The remaining $25,000 worth of Gerry’s intestate property goes to Gerry’s father.
If you die with children or other descendants from you and the surviving spouse, but your spouse has other descendants who aren't your descendants. Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Me. Rev. Stat. tit. 18-C, § 2-102 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a grown child from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns $400,000 worth of other property that would have passed under a will, so Karen inherits $250,000 worth of that property -- that is, $100,000 plus 1/2 of the $300,000 balance. The two children split the remaining $150,000 worth of property.
If you die with descendants who are not the descendants of your surviving spouse. Your spouse inherits 1/2 of your intestate property. (Me. Rev. Stat. tit. 18-C, § 2-102 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Maine, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your spouse is also their parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Maine must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. (Me. Rev. Stat. tit. 18-C, § 2-105 (2023).)
However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, cousins, aunts, uncles, or great grandparents.
Here are a few other things to know about Maine intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Maine’s intestate succession laws here: Title 18-C, Article 2: Intestacy, Wills And Donative Transfers.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Connecticut.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse | spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and at least one descendant from you and someone other than that spouse | spouse inherits 1/2 of your intestate property descendants inherit everything else |
spouse and parents | spouse inherits the first $100,000 of your intestate property, plus 3/4 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Conn. Gen. Stat. §§ 45a-437; 45a-438; 45a-439 (2023).)
In Connecticut, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $100,000 of your intestate property, plus 3/4 of the balance. (Conn. Gen. Stat. § 45a-437 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Because Gerry has significant additional property that would have passed under a will, Joe inherits $100,000 worth of that property plus 3/4 of everything else. The remaining 1/4 of Gerry’s intestate property goes to Gerry’s father.
If you die with children or other descendants from you and the surviving spouse. Your surviving spouse inherits the first $100,000 of your intestate property, plus 1/2 of the balance. (Conn. Gen. Stat. § 45a-437 (2023).)
Example: Bill is married to Karen, and they have two grown children. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns a good deal of other property that would have passed under a will, so Karen inherits $100,000 worth of that property plus half of everything else. The remaining half goes to the couple’s children.
If you die with at least one descendant who is not the descendant of your surviving spouse. Your spouse inherits 1/2 of your intestate property. (Conn. Gen. Stat. § 45a-437 (2023).)
Example: Barrett is married to Jed and also has a 12-year-old daughter from a previous marriage. Barrett owns a house in joint tenancy with Jed, plus $200,000 worth of additional, separate property that would have passed under a will if Barrett had made one. When Barrett dies, Jed inherits the house outright and $100,000 worth of Barrett’s property. Barrett’s daughter inherits the remaining $100,000 share of Barrett’s property.
If you die without a will in Connecticut, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether your children are also the children of your spouse. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Connecticut must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
In case you want to read the law, Connecticut General Statutes § § 45a-437(b) and 45a-438 cover parent-child relationships.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, cousins, or stepchildren. (Conn. Gen. Stat. § 45a-452 (2023).)
Here are a few other things to know about Connecticut intestacy laws.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
You can find Connecticut’s intestate succession in Sections 45a-437 and 45a-438 of the Connecticut General Statutes.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Colorado.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children but no spouse | children inherit everything |
spouse but no descendants or parents | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has no other descendants | spouse inherits everything |
spouse and descendants from you and that spouse, and the spouse has descendants from another relationship | spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance your descendants inherit everything else |
spouse and descendants from you and someone other than that spouse | spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance descendants inherit everything else |
spouse and parents | spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance parents inherit remaining intestate property |
parents but no spouse or descendants | parents inherit everything |
siblings but no spouse, descendants, or parents | siblings inherit everything |
(Colo. Rev. Stat. §§ 15-11-102; 15-11-103 (2023).)
Note: The dollar amounts for the spouse’s share listed in this article are based on the amounts as of 2010 and can be higher or lower, depending on the consumer price index. The state's department of revenue office publishes a list each year with the current amounts that apply to estates for people who died that year. (Colo. Rev. Stat. § 15-10-112 (2023).)
In Colorado, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants—children, grandchildren, or great-grandchildren. If you don’t, then your spouse inherits all of your intestate property. If you do, they and your spouse will share your intestate property as follows:
If you die with parents but no descendants. Your surviving spouse inherits the first $300,000 of your intestate property, plus 3/4 of the balance. (Colo. Rev. Stat. § 15-11-102 (2023).)
Example: Gerry is married to Joe, and her father is still alive. Gerry owns a house in joint tenancy with Joe, and Joe is also the named beneficiary of Gerry’s retirement account. When Gerry dies, Joe automatically inherits the house and any remaining retirement funds; those things are not intestate property. Because Gerry has significant additional property that would have passed under a will, Joe inherits $300,000 worth of that property plus 3/4 of everything else. The remaining 1/4 of the intestate property goes to Gerry’s father.
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has no descendants from previous relationships. Your surviving spouse inherits all of your intestate property. (Colo. Rev. Stat. § 15-11-102 (2023).)
If you die with children or other descendants from you and the surviving spouse, and your surviving spouse has other descendants from previous relationships. Your surviving spouse inherits the first $225,000 of your intestate property, plus 1/2 of the balance. (Colo. Rev. Stat. § 15-11-102 (2023).)
Example: Bill is married to Karen, and they have two grown children. Karen also has a son from a previous marriage. Bill and Karen own a large bank account in joint tenancy, and Bill took out a life insurance policy naming Karen as the beneficiary. When Bill dies, Karen receives the life insurance policy proceeds and inherits the bank account outright. Bill also owns a good deal of other property that would have passed under a will, so Karen inherits $225,000 worth of that property plus half of everything else. The remaining half of Bill’s intestate property goes to Bill’s and Karen’s two children.
If you die with adult descendants who are not the descendants of your surviving spouse. Your spouse inherits the first $150,000 of your intestate property, plus 1/2 of the balance. (Colo. Rev. Stat. § 15-11-102 (2023).)
If you die without a will in Colorado, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have, whether or not you are married, and whether or not your spouse is also their biological parent. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Colorado must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
If you want to read the law, Colorado Revised Statutes § § 115-11-115 to 15-11-122 cover parent-child relationships.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, grandchildren, parents, grandparents, siblings, nieces, nephews, or cousins.
Here are a few other things to know about Colorado intestacy laws.
Colorado’s intestate succession laws are contained in Sections 15-11-101 to 15-11-122 of the Colorado Revised Statutes.
To learn more about intestate succession, read How an Estate Is Settled If There’s No Will.
For more about estate planning, go to the Wills, Trusts & Probate section of Nolo.com.
]]>Only assets that pass through probate are affected by intestate succession laws. Many valuable assets don't go through probate, and therefore aren't affected by intestate succession laws. Here are some examples:
These assets will pass to the surviving co-owner or to the beneficiary you named, whether or not you have a will. However, if you don’t have a will and none of the named beneficiaries are alive to take the property, then the property could end up being transferred according to intestate succession.
To learn more about these types of assets, go to the How to Avoid Probate section of Nolo.com or read about Avoiding Probate in Arkansas.
Under intestate succession, who gets what depends on whether or not you have living children, parents, or other close relatives when you die. Here’s a quick overview:
If you die with: |
here’s what happens: |
children or other descendants but no spouse | children and descendants inherit all intestate property |
spouse of at least three years, no children | spouse inherits everything |
spouse and children | spouse gets 1/3 of real property in the form of a life estate and 1/3 of the personal property children inherit all of the real property less the life estate and 2/3 of the personal property. |
spouse of less than three years, no children | spouse inherits 50% of intestate property parents, siblings, or other relatives inherit remaining 50% of intestate property |
parents but no children or spouse | parents inherit everything |
siblings but no children, spouse, or parents | siblings inherit everything |
(Ark. Code §§ 28-9-214; 28-11-301; 28-11-305 (2023).)
In Arkansas, whether or not you have a will when you die, your spouse will inherit property from you under a doctrine called “dower and curtesy.” Briefly, this is how it works:
If you have children or other descendants. Your spouse has the right to use, for life, 1/3 of your real estate. After you die, your children or other descendants inherit the property outright. In addition, your spouse inherits 1/3 of your personal property outright. (Ark. Code §§ 28-11-301; 28-11-305 (2023).)
If you don’t have children or other descendants. In most cases, your spouse freely inherits 1/2 of your real estate and 1/2 of your personal property. (Ark. Code § 28-11-307 (2023).)
In addition to the protections of dower and curtesy, if you are married and you die without a will, your spouse may receive some of your intestate property. (Remember, that’s only the property that would have passed under a will if you had made one, and not in any other way—for example by dower and curtesy or any of the other methods mentioned at the beginning of this article.) How much your spouse inherits depends on whether or not you have living children or other descendants, and on how long you were married.
If you have children or other descendants. If you have children, grandchildren, or great grandchildren, they will inherit all of your intestate property. (Ark. Code §§ 28-9-214 (2023).)
If you were married at least three years. If you were married for at least three years and you have no descendants, your spouse inherits all of your intestate property. (Ark. Code §§ 28-9-214 (2023).)
If you were married less than three years. If you were married for less than three years and you have no descendants, your spouse inherits 50% of your intestate property. The rest goes to other surviving relatives in the order established by Arkansas law. (Ark. Code §§ 28-9-214 (2023).)
These rules can quickly become complicated. Following is a simple example of how they might work.
Example: Paul and Joan were married for seven years, and Paul has two children from a previous marriage. Paul and Joan own a house in joint tenancy. Paul also owns a substantial amount of personal property, including several boats and some very valuable antiques. When Paul dies without a will, the house passes automatically to Joan. In addition, she inherits 1/3 of Paul’s personal property under the rules of dower and curtesy. The remaining 2/3 of Paul’s personal property passes to his kids.
If you have any concerns about this area of the law, see an experienced attorney for help.
If you die without a will in Arkansas, your children will receive an “intestate share” of your property. The size of each child’s share depends on how many children you have and whether or not you are married. (See the table above.)
For children to inherit from you under the laws of intestacy, the state of Arkansas must consider them your children, legally. For many families, this is not a confusing issue. But it’s not always clear. Here are some things to keep in mind.
This can be a tricky area of the law, so if you have questions about your relationship to your parent or child, get help from an experienced attorney.
If you die without a will and don’t have any family, your property will “escheat” into the state’s coffers. However, this very rarely happens because the laws are designed to get your property to anyone who was even remotely related to you. For example, your property won’t go to the state if you leave a spouse, children, siblings, parents, grandparents, great grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the children, parents, or siblings of a spouse who dies before you do. (Ark. Code §§ 28-9-214 and 28-9-215 (2023).)
Here are a few other things to know about Arkansas intestacy laws.
Here are a few more resources to explore:
In most circumstances, a surviving spouse cannot be completely cut out of a will.
The community property states—Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin—have their own rules about what spouses own and can claim. (In Alaska, spouses can also sign an agreement creating community property, and in Kentucky, South Dakota, and Tennessee, spouses can create a special community property trust.) Basically, each spouse automatically owns half of what either one earned during the marriage, unless they have a written agreement to the contrary. Each spouse can do whatever he or she likes with his or her own half-share of the community property and with his or her separate property. (For help sorting out what's community property and what's separate property, see Marriage & Property Ownership: Who Owns What?)
In all other states, there is no rule that property acquired during marriage is owned by both spouses. But to protect spouses from being disinherited, most of these states give a surviving spouse the right to claim one-third to one-half of the deceased spouse's estate, no matter what the will provides. (For other limitations on what a will can do, see What a Will Won't Do.) In some states, the amount the surviving spouse can claim depends on how long the couple was married.
These provisions kick in only if the survivor goes to court and claims the share allowed by law. If a surviving spouse doesn't object to receiving less, the will is honored as written.
You can make your will, quickly and easily, using Nolo's Quicken WillMaker.
Johanna's will leaves $80,000 to her fourth husband, Fred, and divides the rest of her property, totaling almost $500,000, among her three sons from previous marriages. If Fred is happy with his inheritance, everything will go according to Johanna's plan. But if Fred wants more, he can claim a share of Johanna's estate—and get substantially more than $80,000. If he does, Johanna's three sons will take what's left.
If you don't plan to leave at least half of your property to your spouse in your will, and have not provided for your spouse generously outside your will, you should consult a lawyer unless your spouse willingly consents, in writing, to your plan.
In most states, getting divorced automatically revokes gifts made to a former spouse in your will. But to be on the safe side, if you get divorced, make a new will that revokes the old one. Then you can simply leave your former spouse out of your new will.
Generally, children have no right to inherit anything from their parents. In certain limited circumstances, however, children may be entitled to claim a share of a deceased parent's property. For example, the Florida constitution prohibits the head of a family from leaving his or her residence to anyone other than a spouse or minor child if either is alive.
Most states do have laws to protect against accidental disinheritance. These laws usually kick in if a child is born after the parent made a will that leaves property to siblings, and the parent never revises the will to include that child. The law presumes that the parent didn't intend to freeze out the newest child, but just didn't get around to revising the will. In that situation, the overlooked child may have a right to a significant part of the parent's assets.
In some states, these laws apply not only to children, but also to any grandchildren of a child who has died.
If you decide to disinherit a child, or the child of a deceased child, your will should clearly state your intention. And if you have a new child after you've made your will, remember to make a new will.
To start planning your estate today, try Nolo's bestselling Quicken Willmaker, which can help you make wills, health care directives, powers of attorney, transfer on death deeds, and other vital estate planning documents without hiring an attorney.
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