Interactive Summary of State Intestacy Laws

Although the complete body of intestate laws followed by each state are different, there are individual aspects of the law that are shared among the states.

Main topics are listed in the grey box above. Choosing any main topic reveals the interactive subtopics here.

Choosing any subtopic will list the states that apply that aspect of the law.

This unique summary allows you to determine the similarities between states, as well as discovering whether your state of interest applies any individual aspect of the law.

Don't forget that you can actually see how these laws affect the estate distribution by opening the pertinent state's Intestacy Calculator from the home page.

The surviving spouse receives the entire intestate estate if:

the surviving spouse is the parent of all the deceased spouse's children

the surviving spouse is the parent of all the deceased spouse's children AND the deceased spouse is the parent of all the surviving spouse's children

with a fixed minimum dollar amount

with a fixed minimum dollar amount that is adjusted annually

without a fixed minimum dollar amount

with a fixed minimum dollar amount that is forfeited if not the parent of all the deceased spouse's children

In the absence of issue, the surviving spouse shares with:

the deceased spouse's parents

the deceased spouse's siblings

the deceased spouse's siblings or nieces and nephews

the deceased spouse's more remote relations

the surviving spouse is not the parent of all the deceased spouse's children

the surviving spouse has children by someone other than the deceased spouse

any of the deceased spouse's children are minors

the deceased spouse has more than one child

In the absence of a surviving spouse or issue:

the decedent's sole surviving parent receives all

the decedent's sole parent shares with the decedent's siblings or nieces and nephews

the decedent's parents always share with the decedent's siblings or nieces and nephews

In the absence of a surviving spouse, issue, parent, sibling, niece, or nephew:

the estate is divided into maternal and paternal shares at the grandparent level

the estate is not divided into maternal and paternal shares

the sole surviving maternal or paternal grandparent shares with deceased grandparent's issue

the existing maternal & paternal shares are further divided at the great-grandparent level

In the absence of more closely related persons the estate is divided among:

the decedent's great-grandparents

the decedent's step-children

the heirs of the decedent's most recent spouse, if that spouse is deceased

children the decedent gave away for adoption

the decedent's natural parent who gave the decedent away for adoption

Non-marital relationships:

the primary heir can be based upon a legal relationship established outside of marriage

Any heir who is the decedent's half-blood relation:

receives one-half of the amount given to full blood relations at the same level of relation

cannot receive property the decedent acquired from an ancestor who is not a relative of the half-blood heir

does not receive any property if there are any full blood relations at the same level of relation

The deceased spouse's share of any community property:

is given to the surviving spouse

may be shared by the deceased spouse's issue, if the surviving spouse is not the parent of all of the deceased spouse's children

When real estate is part of the intestate estate:

it may be distributed according to rules that differ from those used with personal property

Shares of the intestate estate that pass by representation are divided:

among each individual heir's issue using the per stirpes system

at the nearest level of relation that has a living heir, with deceased heirs' shares given only to each individual heir's issue per stirpes

at the nearest level of relation that has a living heir, with deceased heirs' shares combined and divided equally among the issue of all the deceased heirs

using per stirpes at some levels of relation and 'modified' per stirpes at some levels of relation

among the issue of deceased heirs at closer levels of relation and among only the living heirs at more distant levels of relation

Property not given to more closely related heirs:

is distributed to the 'next of kin' or nearest living relations, without which the property is given to the state

is distributed to a last level of relation, without which the property is given to the state

is given to the state, subject to specific instructions for its disposition or use