Dying without a will: who inherits in each state (intestate succession)

What intestate succession means

Florida's code puts the rule in one sentence: any part of a person's estate not effectively disposed of by will passes to the heirs as the following sections prescribe, and the death is the event that vests the heirs' right to it. Every state works the same way, with its own list of heirs. Fla. Stat. § 732.101

• Only what the person owned alone. Intestacy decides property that passes through the estate. Money with a payable-on-death beneficiary, a house with a transfer-on-death deed, life insurance and retirement accounts that name a beneficiary, joint property with a right of survivorship and property in a living trust go straight to the person named.Probate guide · TOD guide
• Debts come first. The heirs share what is left after the debts, funeral expenses and the costs of settling the estate. Missouri's statute says property descends subject to the payment of claims; Kentucky's speaks of the surplus after funeral expenses, charges of administration and debts.RSMo 474.010 · KRS 391.030
• Family allowances can come off the top. Some states set aside money for the family before the heirs share. Kentucky sets apart up to $30,000 of personal property or money for the surviving spouse (or, with no spouse, the children), and in Georgia a spouse or minor children can ask for a year's support, which takes precedence over a will and is free of unsecured debts.KRS 391.030 · Chatham County Probate Court, form PR18
• Probate still applies. No will does not mean no court. Someone usually has to be appointed to collect the property, pay the bills and hand out the shares, unless the estate is small enough for a small estate affidavit. See probate.Probate guide

The order of heirs: who inherits first

The details differ, but almost every state lines up the heirs in the same order. Each group inherits only if no one in the groups before it survives (apart from the spouse, who shares with them). The descendants of a relative who died first usually step into that relative's place: that is what per stirpes (by the branch) or by representation means. Fla. Stat. §§ 732.103, 732.104 · Cal. Prob. Code § 6402 · Minn. Stat. § 524.2-103

1. 11. The spouse The surviving husband or wife (and, in some states, a registered partner) takes the share set by the state, sometimes everything. See How much the spouse gets.
2. 22. Children and their descendants Children share equally. A grandchild whose parent died first takes that parent's share, split with brothers and sisters.
3. 33. Parents If there are no descendants, the parents take, equally if both are alive. In Illinois, Indiana and Missouri, when there is no spouse, the parents share with the brothers and sisters instead.
4. 44. Brothers and sisters Then the brothers and sisters, with nieces and nephews taking a dead sibling's share. Half-siblings usually count the same as full siblings.
5. 55. Grandparents and their families Many states split the estate in half: one half for the father's side, one half for the mother's side, going to grandparents, then aunts, uncles and cousins.
6. 66. More distant relatives, stepchildren, the state Then the nearest relatives by degree; in a few states stepchildren or a late spouse's family; and only when no one qualifies, the state. See No relatives.

How much the spouse gets

Does the spouse get everything? Often, but not always. Five patterns cover the states, and the calculator applies the right one for yours.

• Everything, unless a stepchild is in the picture. Florida, Kentucky (for deaths from July 15, 2026), Iowa and Minnesota give the spouse the whole estate when every child is also the spouse's and, in Florida, Kentucky and Minnesota, the spouse has no children from another relationship. With a stepchild in the picture, the spouse drops to one-half in Florida, Iowa and Kentucky.Fla. Stat. § 732.102 · KRS 391.010 · Iowa Code §§ 633.211, 633.212 · Minn. Stat. § 524.2-102
• A set amount plus a fraction. Alabama, Connecticut, Delaware, Missouri and the Uniform Probate Code states give the spouse the first dollars of the estate plus a share of the rest: $20,000 + 1/2 in Missouri with shared children, $50,000 + 1/2 in Alabama and Delaware, $100,000 + 1/2 in Connecticut.Ala. Code § 43-8-41 · 12 Del. C. § 502 · Conn. Gen. Stat. § 45a-437 · RSMo 474.010
• A fraction only. Illinois and Kansas give the spouse one-half whenever there are descendants. The District of Columbia gives two-thirds when all the children are shared and the spouse has no others. California gives one-half of the separate property with one child and one-third with two or more.755 ILCS 5/2-1 · K.S.A. 59-504 · D.C. Code § 19-302 · Cal. Prob. Code § 6401
• A child's share. Georgia treats the spouse as one more child: the spouse and the children share equally, but the spouse never gets less than one-third.O.C.G.A. § 53-2-1
• Children first. In Arkansas, children inherit the whole estate; the spouse has dower or curtesy (one-third of the personal property outright and a life estate in one-third of the land) and takes everything only when there are no descendants, after at least 3 years of marriage, or 50% after a shorter one.Ark. Code §§ 28-9-214, 28-11-301, 28-11-305

Parents can matter too. With no children, Florida, Georgia, Illinois, Iowa, Kansas, Kentucky, Maryland, Minnesota, Missouri and Arizona give the spouse everything even if the parents are alive. California, Idaho and Indiana give the parents a fraction (one-half of the separate property in California and Idaho, one-fourth in Indiana); Alabama, Connecticut, Delaware and the District of Columbia also leave parents a share; and most Uniform Probate Code states give them what is left after the spouse's set amount plus 3/4. Cal. Prob. Code § 6401 · Idaho Code § 15-2-102 · IC 29-1-2-1

The Uniform Probate Code model

Many states built their probate laws on the Uniform Probate Code, a model law: Idaho's Title 15 is named the Uniform Probate Code, and Massachusetts calls its version the Massachusetts Uniform Probate Code. Its spouse's share has four steps, and each state fills in its own dollar amounts. Idaho Code § 15-2-102 · Massachusetts Probate and Family Court

• Everything if the person left no descendants and no parent, or if every descendant is also the spouse's and the spouse has no other descendants.
• A set amount plus 3/4 of the rest if there are no descendants but a parent is alive: $200,000 in Alaska and Massachusetts, $300,000 in Colorado and Maine, $400,000 in Hawaii.
• A set amount plus 1/2 if all the descendants are shared but the spouse has children from another relationship: $100,000 in Maine and Massachusetts, $150,000 in Alaska, $225,000 in Colorado and Minnesota, $330,000 in Hawaii.
• A set amount plus 1/2 if one or more descendants are not the spouse's: $100,000 in Alaska and Massachusetts, $150,000 in Colorado, $220,000 in Hawaii, $225,000 in Minnesota; Maine gives one-half with no set amount.

Michigan uses the same steps with one big change: when there are children, the spouse never takes everything. The spouse gets $150,000 plus 1/2 (or $100,000 plus 1/2 if none of the children is the spouse's), and $150,000 plus 3/4 when there are no children but a parent survives. MCL 700.2102

Community property states

Nine states treat what a married couple earns during the marriage as owned half by each: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin (Alaska, Tennessee and South Dakota let couples opt in). When one spouse dies, the survivor already owns their own half. Intestacy decides only the deceased's half, and these states often treat it differently from separate property (what the person owned before the marriage, or received as a gift or inheritance). IRS Publication 555

• California. The deceased's half of the community property, and of quasi-community property, goes to the spouse or registered domestic partner in every case. Only the separate property is split with children, parents or siblings.Cal. Prob. Code § 6401
• Idaho. The deceased's half of the community property goes to the spouse. The spouse takes one-half of the separate property if there are children or a parent.Idaho Code § 15-2-102
• Arizona. The spouse takes everything, community and separate, unless a child is not the spouse's. Then the spouse takes one-half of the separate property and none of the deceased's half of the community property, which goes to the children.A.R.S. § 14-2102
• Louisiana. With no descendants, the spouse inherits the deceased's half of the community property. With descendants, they inherit it, and the spouse keeps a usufruct, the right to use it and its income, until death or remarriage.La. Civ. Code arts. 889, 890

In the calculator, enter the person's half of community property in the community field, and the rest of the estate as separate property. The table shows Nevada, New Mexico, Texas, Washington and Wisconsin with their own rules.

Stepchildren, adopted children, half-siblings and children born after the death

• Adopted children inherit like children by birth. An adopted child is the child of the adopting parents and stops being an heir of the birth parents. Most states make one exception: when a stepparent adopts, the child still inherits from the birth parent married to that stepparent (and in Alaska and Massachusetts, from both birth parents).Fla. Stat. § 732.108 · Ala. Code § 43-8-48 · RSMo 474.060 · M.G.L. c. 190B § 2-114 · Alaska Court System self-help
• Stepchildren usually do not inherit. Massachusetts' court chart of heirs counts adopted children 'but not step-children', and Alaska's court says stepparents, stepchildren and stepsiblings do not inherit, however long the family lived together. A few states let stepchildren inherit near the end of the line, when no closer relative in the statute's list survives: Connecticut, Kentucky and Maryland. California treats a stepchild as a child only if the relationship began in childhood and the stepparent would have adopted but for a legal barrier.Massachusetts Probate and Family Court · Conn. Gen. Stat. § 45a-439 · KRS 391.010 · Md. Code, Est. & Trusts § 3-104 · Cal. Prob. Code § 6454
• Half-siblings usually count in full. In Alaska, California, Connecticut, Delaware, Georgia, Idaho, Illinois, Indiana, Maine, Massachusetts, Michigan and Minnesota a half-brother or half-sister inherits the same share as a full sibling. Florida, Kentucky and Missouri give the half blood half as much as the whole blood when both inherit, and Louisiana splits the estate between the father's and the mother's lines.Fla. Stat. § 732.105 · KRS 391.050 · RSMo 474.040 · La. Civ. Code art. 893
• Children born after the death. A child conceived before the death and born after it inherits as if born in the person's lifetime. Some states add limits: born within 10 months in Georgia, Idaho and Kentucky, and living 120 hours after birth in Georgia, Colorado, Hawaii, Maine, Massachusetts and Michigan. Maryland lets a child conceived after the death inherit if the person consented in writing and the child is born within 2 years.Fla. Stat. § 732.106 · O.C.G.A. § 53-2-1 · Idaho Code § 15-2-108 · KRS 391.070 · Md. Code, Est. & Trusts § 3-107
• Children born outside marriage. A child always inherits from the mother. From the father, the child inherits once paternity is established: by the parents' marriage, a court order, or, in Florida, the father's written acknowledgment.Fla. Stat. § 732.108 · 12 Del. C. § 508 · RSMo 474.060

Unmarried partners and registered domestic partners

Do unmarried partners inherit? Not without a will, unless the state treats a registered partnership like a marriage. The intestacy statutes name spouses and relatives, and living together for years does not change that. These states put registered partners in the spouse's place:

• California registered domestic partners. A surviving registered domestic partner has the same rights as a widow or widower.Cal. Fam. Code § 297.5
• District of Columbia domestic partners. A surviving domestic partner takes exactly the spouse's share.D.C. Code § 19-302
• Maryland registered domestic partners. Since October 1, 2023, a registered domestic partner takes the same share as a spouse.Md. Code, Est. & Trusts § 3-102 · Laws of Maryland 2023, ch. 647
• Hawaii reciprocal beneficiaries. A reciprocal beneficiary takes the same share as a spouse.HRS § 560:2-102
• Illinois civil union partners. A party to a civil union has the same protections and benefits as a spouse.750 ILCS 75/20
• Colorado designated beneficiaries. A partner named in a designated beneficiary agreement that gives the right to inherit takes the entire estate if there are no descendants, and one-half if there are.C.R.S. § 15-11-102.5

A common-law marriage, where a state still recognizes one, is a real marriage, so the partner inherits as a spouse; see common-law marriage. Everyone else needs a will, a living trust or beneficiary designations.

The 120-hour rule (the US answer to the '28-day rule')

The '28-day rule' people search for is not part of US intestacy law. The closest US rule is a survival period: an heir who dies very soon after the person is treated as having died first, so the share does not pass through two estates. Most states that have it use 120 hours (five days), and in Arizona, Colorado, Kentucky and Maine survival must be proved by clear and convincing evidence. The rule is dropped when applying it would send the estate to the state. Minn. Stat. § 524.2-104 · A.R.S. § 14-2104

• 120 hours: Arizona, California, Colorado, Delaware, Hawaii, Idaho, Kentucky, Maine, Michigan and Minnesota.
• 5 days: Alabama (in Alabama's words, five days). Ala. Code § 43-8-43
• 30 full days: Maryland, for descendants, ancestors and their descendants. Md. Code, Est. & Trusts § 3-110
• No survival period: Massachusetts did not adopt the 120-hour rule, and Illinois and Connecticut apply the simultaneous-death rule only when there is no sufficient evidence of who died first. M.G.L. c. 190B § 2-702 · 755 ILCS 5/3-1 · Conn. Gen. Stat. § 45a-440

Cites for the 120-hour states: A.R.S. § 14-2104, Cal. Prob. Code § 6403, C.R.S. § 15-11-104, 12 Del. C. § 504, HRS § 560:2-104, Idaho Code § 15-2-104, KRS 397.1002, 18-C M.R.S. § 2-104, MCL 700.2104 and Minn. Stat. § 524.2-104.

No relatives: when the estate goes to the state

If no one in the line of heirs survives, the estate escheats: it passes to the government. Most states reach grandparents, aunts, uncles and cousins first. Fla. Stat. § 732.107 · A.R.S. § 14-2105

• Florida. Escheated property is sold and the money goes to the State School Fund. A person who can prove a right to it can reopen the case within 10 years.Fla. Stat. § 732.107
• Maryland. The estate goes to the Maryland Department of Health if the person received long-term care Medicaid, otherwise to the county board of education. A relative within the fifth degree can claim a refund within 3 years of the death or 1 year after distribution, whichever is later.Md. Code, Est. & Trusts § 3-105
• Before the state: stepchildren and a late spouse's family. Connecticut, Kentucky and Maryland turn to stepchildren, and Florida and Missouri to the family of a spouse who died earlier, before anything escheats.Conn. Gen. Stat. § 45a-439 · KRS 391.010 · Fla. Stat. § 732.103 · RSMo 474.010
• Counties instead of the state. In Arkansas the estate escheats to the county where the person lived; in Illinois real estate goes to the county where it lies.Ark. Code § 28-9-215 · 755 ILCS 5/2-1

Worked examples

1. California, $400,000, a spouse and two shared children. Cal. Prob. Code § 6401

All separate property

1/3 eachThe spouse takes one-third, about $133,333, and each child about $133,333: the two children share two-thirds.

All community property

$400,000 to the spouseIf the $400,000 is the person's half of community property, all of it goes to the spouse; the children take nothing from it.

Mixed: $250,000 community, $150,000 separate

$300,000 to the spouseThe spouse takes the $250,000 community half plus one-third of the separate $150,000 ($50,000). Each child takes $50,000.

2. Florida, $400,000, a spouse and one child from the person's earlier marriage. Fla. Stat. §§ 732.102, 732.401

Spouse

$200,000One descendant is not the spouse's, so the spouse takes one-half.

Child

$200,000The child takes the other half.

If the home is in the estate

Life estate or one-halfThe spouse gets a life estate in the homestead, with the child holding the remainder, or can choose within 6 months to take one-half as a tenant in common.

3. Maine, $400,000, a spouse, two shared children and a child of the spouse from an earlier marriage. 18-C M.R.S. § 2-102

Spouse

$250,000The first $100,000, plus 1/2 of the remaining $300,000 ($150,000).

Each child

$75,000The two children share the other $150,000.

Without the spouse's other child

$400,000 to the spouseIf every child is shared and the spouse has no other descendants, the spouse takes everything.

4. Illinois, $400,000, no spouse or children, one parent and two brothers. 755 ILCS 5/2-1

Parent

$200,000Parents, brothers and sisters share in equal parts, and the surviving parent takes a double portion: 2 of 4 parts.

Each brother

$100,000One part each. In most other states the parent would take everything.

5. Maryland, $400,000, a spouse and two shared children. Md. Code, Est. & Trusts § 3-102

Both children adults

$400,000 to the spouseFor a death on or after October 1, 2023, the spouse takes the entire estate.

One child under 18

$200,000 to the spouseWith a minor child the spouse takes one-half, and the children share $200,000 ($100,000 each).

Intestate succession by state: all 50 states and DC

The spouse's share in the most common family situations, read on October 22, 2026 from each state's statute on its official site, or, where the site refused us, from the Internet Archive copy of that official page or an Arkansas court opinion quoting the code. 'All children shared' means every child is also the spouse's and the spouse has no other children unless the cell says so. Fractions are of the estate after the set amount. The calculator at the top uses these rules.

State notes

What each state adds to the table, in the order of the table.

• Alabama. Alabama gives the spouse a set amount plus a fraction. An heir must outlive the person by 5 days.Ala. Code §§ 43-8-41, 43-8-42
• Alaska. Alaska follows the Uniform Probate Code pattern. We read it from the Alaska Court System's own self-help page; the statute site refused our connection.Alaska Court System, Death Without a Will (self-help)
• Arizona. Arizona is a community property state. An heir must outlive the person by 120 hours.A.R.S. §§ 14-2102, 14-2103
• Arkansas. Arkansas puts children ahead of the spouse. The tool assumes a marriage of 3 years or more; it does not count dower in dollars. With children, the figures show no intestate share for the spouse. The spouse still has dower or curtesy: one-third of the personal property outright and a life estate in one-third of the land.Ark. Code §§ 28-9-214, 28-11-301, 28-11-305 (quoted in Arkansas court opinions)
• California. California splits community and separate property. Registered domestic partners inherit like spouses. An heir must outlive the person by 120 hours.Cal. Prob. Code §§ 6401, 6402
• Colorado. Colorado uses the Uniform Probate Code pattern. The dollar amounts in the statute are raised each year for the cost of living. These are the amounts written in the statute. Colorado adjusts them every year for the cost of living (C.R.S. § 15-10-112), so for a death in 2026 the real amounts are higher; we could not reach the Department of Revenue's yearly list.C.R.S. §§ 15-11-102, 15-11-103, 15-10-112
• Connecticut. Connecticut gives the spouse a set amount plus a fraction, and lets stepchildren inherit before the state.Conn. Gen. Stat. §§ 45a-437, 45a-438, 45a-439
• Delaware. Delaware's dollar amount and fraction apply to personal property (money, accounts, belongings). In real estate the spouse gets a life estate. An heir must outlive the person by 120 hours. The figures treat the whole estate as personal property. In Delaware the spouse gets a life estate in real estate instead of a share of it.12 Del. C. §§ 502, 503
• District of Columbia. The District gives a surviving domestic partner the same share as a spouse.D.C. Code §§ 19-302, 19-306, 19-308, 19-309
• Florida. Florida gives the spouse everything unless a stepchild is in the picture. The family home (homestead) follows its own rule. With a spouse and descendants, the home goes as a life estate to the spouse and the rest to the descendants; within 6 months the spouse can choose one-half as a tenant in common instead (Fla. Stat. § 732.401).Fla. Stat. §§ 732.102, 732.103
• Georgia. Georgia counts the spouse as one more child, with a floor of one-third. A spouse or minor children can also ask the probate court for a year's support.O.C.G.A. § 53-2-1 (text reprinted in 2007 House Bill 139)
• Hawaii. Hawaii raised its dollar amounts in 2023, and a reciprocal beneficiary takes a spouse's share. An heir must outlive the person by 120 hours.HRS §§ 560:2-102, 560:2-103
• Idaho. Idaho is a community property state. An heir must outlive the person by 120 hours.Idaho Code §§ 15-2-102, 15-2-103
• Illinois. Illinois splits one-half to the spouse and one-half to the descendants. A civil union partner counts as a spouse.755 ILCS 5/2-1
• Indiana. Indiana's text here is the official 2013 publication; we could not open the current Indiana Code site. Read from the Indiana General Assembly's 2013 online code (as amended through 2009). The current code site would not load for us, so later changes were not checked.IC 29-1-2-1 (official 2013 text)
• Iowa. Iowa gives the spouse everything unless a child is not the spouse's. With a child who is not the spouse's, the spouse gets at least $50,000 even if one-half is less; for a small estate the figures shown can understate the spouse's share.Iowa Code §§ 633.211, 633.212, 633.219
• Kansas. Kansas uses a simple split: half to the spouse when there are children, all when there are none.K.S.A. 59-504, 59-506, 59-507, 59-508
• Kentucky. Kentucky rewrote its rules for deaths on or after July 15, 2026. For an earlier death, the older version of the law applies. These rules apply to deaths on or after July 15, 2026 (2026 Ky. Acts ch. 134). Dower and curtesy add a life estate in one-third of land sold during the marriage and an absolute one-half of the surplus personal property (KRS 392.020); how they combine with the share needs a lawyer's reading.KRS 391.010, 392.020
• Louisiana. Louisiana is a civil-law and community property state. A spouse often receives a usufruct, the right to use property for life, rather than ownership; the dollar figures show ownership only. A usufruct is a right to use property and keep its income for life (for the spouse, until remarriage). It does not show up as dollars in the figures.La. Civ. Code arts. 888, 889, 890, 891, 892, 894
• Maine. Maine follows the Uniform Probate Code pattern with its own amounts. An heir must outlive the person by 120 hours.18-C M.R.S. §§ 2-102, 2-103
• Maryland. Maryland raised the spouse's share for deaths from October 1, 2023, and a registered domestic partner takes the same share. An heir must outlive the person by 30 full days. The figures assume no child is under 18. With a minor child, the spouse or registered domestic partner takes one-half (Md. Code, Est. & Trusts § 3-102).Md. Code, Est. & Trusts §§ 3-102, 3-103, 3-104
• Massachusetts. Massachusetts uses the Massachusetts Uniform Probate Code for deaths on or after March 31, 2012. It did not adopt the 120-hour rule.M.G.L. c. 190B §§ 2-102, 2-103
• Michigan. Unlike most Uniform Probate Code states, Michigan never gives the spouse everything when there are children. Its amounts rise each year for the cost of living. An heir must outlive the person by 120 hours. These are the amounts written in the statute. Michigan multiplies them each year by a cost-of-living factor (MCL 700.1210), so for a death in 2026 the real amounts are higher; the Treasury's yearly figure was not reachable for us.MCL 700.2102, 700.2103, 700.1210
• Minnesota. Minnesota gives the spouse everything when there are no children, even if parents are alive. An heir must outlive the person by 120 hours.Minn. Stat. §§ 524.2-102, 524.2-103
• Mississippi. Not checked for this page. Mississippi's code is published by a private company, and the official sites we tried did not answer. We could not read Mississippi's intestacy statute on an official site, so this tool shows no split for Mississippi.Miss. Code (not checked for this page)
• Missouri. Missouri shares the estate among parents and siblings together when there is no spouse or child, and gives half-blood relatives half shares.RSMo 474.010
• Montana. Half-blood brothers and sisters inherit the same share as full-blood ones, and anyone who dies within 120 hours of the person is treated as having died first.Mont. Code Ann. §§ 72-2-114, 72-2-117
• Nebraska. A 2026 law, LB 838, took in LB 1160's changes to Nebraska's probate code "strengthening the rights of surviving families." This page has not checked whether it changed the spouse's share in § 30-2302; read the current section before you rely on any figure.Neb. Rev. Stat. § 30-2302; LB 838 (2026)
• New Mexico. The spouse keeps their own half of community property and inherits the other half, whatever the family. Stepchildren (descendants of a spouse who died earlier) inherit before the state.N.M. Stat. Ann. §§ 45-2-102, 45-2-103
• New York. Where descendants are a mix of generations, living children take a full equal share and the children of a child who died earlier divide that parent's share.N.Y. EPTL § 4-1.1
• North Dakota. If no relative up to the grandparents' descendants survives, stepchildren (the descendants of a spouse who died earlier) inherit before the state. Half-blood relatives take the same share as whole-blood ones.N.D. Cent. Code §§ 30.1-04-03, 30.1-04-07
• Oklahoma. Half-blood relatives inherit equally with whole-blood relatives in the same degree, except for property that came to the person from an ancestor, which stays in that ancestor's blood line.84 Okla. Stat. § 222
• South Carolina. The probate court may deny a parent's share if the parent failed to support the child who died. Relatives of the half blood inherit the same share as whole-blood relatives, and the 2013 rewrite dropped the old stepchildren rule.S.C. Code §§ 62-2-107, 62-2-114
• South Dakota. A surviving spouse with no children in the picture takes everything, even if the parents are alive. Relatives of the half blood take the same share as whole-blood relatives.S.D. Codified Laws §§ 29A-2-102, 29A-2-107
• Tennessee. The spouse's share with children is the greater of one-third or an equal child's share, so one child means a 50/50 split, and three or more children still leave the spouse one-third.Tenn. Code Ann. § 31-2-104
• Texas. Texas splits separate property into personal property and land. With children, the spouse gets one-third of the personal property and only a life estate in one-third of the land. If one parent is dead, the living parent takes one-half and the brothers and sisters the other half.Tex. Est. Code §§ 201.001, 201.002
• Utah. Utah counts nonprobate transfers the spouse receives (for example a payable-on-death account) when it splits an estate between the spouse and children who are not the spouse's. Stepchildren of a spouse who died earlier inherit before the state.Utah Code §§ 75-2-102, 75-2-103
• Vermont. Debts, funeral costs, the family allowances and administration costs come out first. On a motion, the spouse may also receive the household furniture and furnishings in addition to the share.14 V.S.A. §§ 311, 312
• Virginia. Collaterals of the half blood (for example half brothers) inherit only half as much as whole-blood relatives. If no relative on either side survives, the estate goes to the kindred of the most recent spouse before it escheats.Va. Code §§ 64.2-200, 64.2-202
• Washington. A spouse or domestic partner whose marriage or state registered domestic partnership was terminated, dissolved or invalidated does not inherit, but a decree of separation alone does not end the right. In 2019 the Court of Appeals held that a separation contract settling all marital rights waived it.Wash. Rev. Code §§ 11.02.005, 11.04.015; Estate of Petelle (Wash. Ct. App. 2019)
• West Virginia. A surviving spouse takes the whole estate when the person left no descendants, even if parents are alive; parents and their descendants take only a part the spouse does not.W. Va. Code §§ 42-1-3, 42-1-3a
• Wyoming. With no spouse or children, the father, mother, brothers and sisters all share in equal parts. Stepchildren and foster children do not inherit; half-blood relatives take the same share as whole-blood ones.Wyo. Stat. §§ 2-4-101, 2-4-104

Someone died without a will: first steps

1. 1Get the death certificate Order several certified copies; banks, courts and agencies often ask for one.
2. 2Make sure there is no will Check papers at home, ask the person's lawyer, and ask the probate court whether a will was filed. A will found later can change who inherits.
3. 3Find the assets and the debts List what the person owned alone, what names a beneficiary or co-owner, and what they owed. Only the first group, after debts, is split by intestacy.
4. 4Use the small estate route if it fits Many states let heirs collect a small estate with an affidavit after a waiting period. See small estate affidavit.
5. 5Otherwise, open probate Ask the probate court to appoint an administrator, often the spouse or an adult child. See probate.
6. 6Divide the estate After debts are paid, the administrator hands out the shares. Heirs can agree to divide things differently, for example who keeps the house; a quitclaim deed can put the house in one name.

What to do next

Common questions

Official sources

1. Code of Alabama § 43-8-41: share of the spouse (Acts 1982, No. 82-399; read October 22, 2026) alison.legislature.state.al.us
2. Code of Alabama § 43-8-42: share of heirs other than the spouse (read October 22, 2026) alison.legislature.state.al.us
3. Code of Alabama § 43-8-43: heir must survive by five days (read October 22, 2026) alison.legislature.state.al.us
4. Code of Alabama § 43-8-44: estate passes to the state when there is no taker (read October 22, 2026) alison.legislature.state.al.us
5. Alaska Court System, Self-Help: Death Without a Will (Intestacy), shares in dollars (archived copy of May 22, 2026) courts.alaska.gov
6. Arizona Revised Statutes § 14-2102: intestate share of surviving spouse (read October 22, 2026) www.azleg.gov
7. Arizona Revised Statutes § 14-2103: heirs other than surviving spouse www.azleg.gov
8. Arizona Revised Statutes § 14-2104: 120-hour survival requirement www.azleg.gov
9. Arizona Revised Statutes § 14-2105: unclaimed estate passes to the state www.azleg.gov
10. Arkansas Court of Appeals, Scroggin v. Scroggin (2008): Ark. Code § 28-9-214(2), spouse after three years of marriage opinions.arcourts.gov
11. Arkansas Supreme Court, Mabry v. Mabry (April 26, 1976): the statute's wording on marriages under three years (50%) opinions.arcourts.gov
12. Arkansas Supreme Court, Brewer v. Poole (2005): children first under § 28-9-214(1); siblings only if no descendant or parent opinions.arcourts.gov
13. Arkansas Court of Appeals, In re Estate of Short (2025): dower, §§ 28-11-301 and 28-11-305 opinions.arcourts.gov
14. Arkansas Court of Appeals, Stokan v. Estate of Cann (October 31, 2007): escheat to the county, § 28-9-215 opinions.arcourts.gov
15. California Probate Code § 6401: surviving spouse's intestate share (effective January 1, 2015) leginfo.legislature.ca.gov
16. California Probate Code § 6402: share of heirs other than the spouse leginfo.legislature.ca.gov
17. California Probate Code § 6403: 120-hour survival requirement leginfo.legislature.ca.gov
18. California Probate Code § 6454: foster parent or stepparent treated as a parent leginfo.legislature.ca.gov
19. California Family Code § 297.5: rights of registered domestic partners leginfo.legislature.ca.gov
20. Colorado Revised Statutes 2024, Title 15 (§§ 15-10-112, 15-11-102, 15-11-102.5, 15-11-103, 15-11-104, 15-11-105), PDF leg.colorado.gov
21. Connecticut General Statutes, chapter 802b (§§ 45a-437 to 45a-452): intestate succession www.cga.ct.gov
22. Delaware Code, Title 12, chapter 5 (§§ 501-511): intestate succession delcode.delaware.gov
23. D.C. Code § 19-302: share of spouse or domestic partner (D.C. Law 13-292, 2001; D.C. Law 16-79, 2006) code.dccouncil.gov
24. D.C. Code § 19-308: share of father and mother code.dccouncil.gov
25. D.C. Code § 19-309: share of brothers and sisters code.dccouncil.gov
26. Florida Statutes § 732.102 (2026): spouse's share of intestate estate www.flsenate.gov
27. Florida Statutes § 732.103 (2026): share of other heirs www.flsenate.gov
28. Florida Statutes § 732.104 (2026): inheritance per stirpes www.flsenate.gov
29. Florida Statutes § 732.105 (2026): half blood www.flsenate.gov
30. Florida Statutes § 732.106 (2026): afterborn heirs www.flsenate.gov
31. Florida Statutes § 732.107 (2026): escheat www.flsenate.gov
32. Florida Statutes § 732.108 (2026): adopted persons and persons born out of wedlock www.flsenate.gov
33. Florida Statutes § 732.401 (2026): descent of homestead www.flsenate.gov
34. Chatham County (Georgia) Probate Court, What to do when a loved one dies, form PR18: year's support (PDF) cdn.chathamcountyga.gov
35. Georgia General Assembly, House Bill 139 (2007), committee substitute reprinting O.C.G.A. § 53-2-1 (PDF) www.legis.ga.gov
36. Chatham County (Georgia) Probate Court, Heirs Determination Worksheet, form PR23 (PDF) cdn.chathamcountyga.gov
37. Hawaii Revised Statutes § 560:2-102: share of spouse or reciprocal beneficiary (amended L 2023, c 158) data.capitol.hawaii.gov
38. Hawaii Revised Statutes § 560:2-104: 120-hour survival requirement www.capitol.hawaii.gov
39. Idaho Code § 15-2-102: share of the spouse, separate and community property legislature.idaho.gov
40. Idaho Code § 15-2-103: share of heirs other than the spouse legislature.idaho.gov
41. Idaho Code § 15-2-104: 120-hour survival requirement legislature.idaho.gov
42. Illinois Compiled Statutes, 755 ILCS 5/2-1: rules of descent and distribution (P.A. 100-22, effective January 1, 2018) www.ilga.gov
43. Illinois Compiled Statutes, 755 ILCS 5/3-1: simultaneous death ilga.gov
44. Illinois Compiled Statutes, 750 ILCS 75/20: civil union partners have the rights of spouses www.ilga.gov
45. Indiana Code 29-1-2 as published by the Indiana General Assembly in 2013 (IC 29-1-2-1, 29-1-2-5, 29-1-2-6, 29-1-2-8) www.in.gov
46. Iowa Code 2026 § 633.211: spouse's share with no issue or only the spouse's issue (PDF) www.legis.iowa.gov
47. Iowa Code 2026 § 633.212: spouse's share when some issue are not the spouse's, $50,000 minimum (PDF) www.legis.iowa.gov
48. Iowa Code 2026 § 633.219: share of others than the spouse (PDF) www.legis.iowa.gov
49. Kansas Statutes 59-504: surviving spouse ksrevisor.gov
50. Kansas Statutes 59-507: no spouse, child or issue ksrevisor.gov
51. Kansas Statutes 59-508: no spouse, child, issue or parents ksrevisor.gov
52. Kentucky Revised Statutes 391.010: descent (amended 2026 Ky. Acts ch. 134, effective July 15, 2026) (PDF) apps.legislature.ky.gov
53. Kentucky Revised Statutes 392.020: dower and curtesy (effective July 15, 2026) (PDF) apps.legislature.ky.gov
54. Kentucky Revised Statutes 397.1002: survival by 120 hours (PDF) apps.legislature.ky.gov
55. Louisiana Civil Code art. 888: succession rights of descendants legis.la.gov
56. Louisiana Civil Code art. 889: devolution of community property legis.la.gov
57. Louisiana Civil Code art. 890: usufruct of surviving spouse legis.la.gov
58. Louisiana Civil Code art. 891: separate property, parents and brothers and sisters legis.la.gov
59. Louisiana Civil Code art. 894: separate property, rights of surviving spouse legis.la.gov
60. Maine Revised Statutes, Title 18-C § 2-102: share of spouse legislature.maine.gov
61. Maine Revised Statutes, Title 18-C § 2-103: share of heirs other than surviving spouse legislature.maine.gov
62. Maine Revised Statutes, Title 18-C § 2-104: survival by 120 hours legislature.maine.gov
63. Maryland Code, Estates and Trusts § 3-102: share of surviving spouse or registered domestic partner mgaleg.maryland.gov
64. Maryland Code, Estates and Trusts § 3-104: parents, grandparents and stepchildren mgaleg.maryland.gov
65. Maryland Code, Estates and Trusts § 3-105: no heirs (Department of Health or board of education) mgaleg.maryland.gov
66. Maryland Code, Estates and Trusts § 3-110: survival by 30 full days mgaleg.maryland.gov
67. Laws of Maryland 2023, Chapter 647 (SB 792): registered domestic partners; new § 3-102, effective October 1, 2023 (PDF) mgaleg.maryland.gov
68. Massachusetts Trial Court Law Libraries: M.G.L. c. 190B § 2-102, share of spouse www.mass.gov
69. Massachusetts Trial Court Law Libraries: M.G.L. c. 190B § 2-103, heirs other than the spouse www.mass.gov
70. Massachusetts Trial Court Law Libraries: M.G.L. c. 190B § 2-702, 120-hour rule not adopted www.mass.gov
71. Massachusetts Probate and Family Court: MUPC chart of heirs (no step-children) www.mass.gov
72. Michigan Compiled Laws 700.2102: share of spouse (1998 Act 386, effective April 1, 2000) www.legislature.mi.gov
73. Michigan Compiled Laws 700.1210: cost-of-living adjustment of dollar amounts www.legislature.mi.gov
74. Michigan Compiled Laws 700.2104: 120-hour survival requirement www.legislature.mi.gov
75. Minnesota Statutes § 524.2-102: share of the spouse (2016 c 135) www.revisor.mn.gov
76. Minnesota Statutes § 524.2-103: share of heirs other than surviving spouse www.revisor.mn.gov
77. Minnesota Statutes § 524.2-104: survival by 120 hours www.revisor.mn.gov
78. Mississippi Legislature (the Mississippi Code itself is published by LexisNexis; Mississippi not checked for this page) www.legislature.ms.gov
79. Missouri Revised Statutes 474.010: general rules of descent (effective May 23, 1996) revisor.mo.gov
80. Missouri Revised Statutes 474.040: collaterals of the half blood revisor.mo.gov
81. IRS Publication 555, Community Property (revised December 2024): the nine community property states www.irs.gov
82. Montana Code Annotated § 72-2-112: share of spouse (MCA 2025) archive.legmt.gov
83. Mont. Code Ann. § 72-2-114: survive by 120 hours archive.legmt.gov
84. Official code text (could not be read for this page): nebraskalegislature.gov nebraskalegislature.gov
85. Nebraska Legislature, Unicameral Update (Apr 10, 2026): LB 838 approved update.legislature.ne.gov
86. Official code text (could not be read for this page): www.leg.state.nv.us leg.state.nv.us
87. Official code text (could not be read for this page): gc.nh.gov gc.nh.gov
88. Official code text (could not be read for this page): lis.njleg.state.nj.us lis.njleg.state.nj.us
89. New Mexico Statutes Chapter 45: Uniform Probate Code (NMOneSource) nmonesource.com
90. New York State Bar Association: Why you need a will (Dec 19, 2022) nysba.org
91. Official code text (could not be read for this page): www.ncleg.gov ncleg.gov
92. North Dakota Century Code chapter 30.1-04: intestate succession (PDF) ndlegis.gov
93. Official code text (could not be read for this page): codes.ohio.gov codes.ohio.gov
94. Oklahoma Statutes Title 84 (PDF): § 213 descent and distribution oklegislature.gov
95. Official code text (could not be read for this page): www.oregonlegislature.gov oregonlegislature.gov
96. Official code text (could not be read for this page): www.palegis.us palegis.us
97. Official code text (could not be read for this page): webserver.rilegislature.gov webserver.rilegislature.gov
98. S.C. Code Title 62, Chapter 2: intestate succession scstatehouse.gov
99. S.D. Codified Laws § 29A-2-102: share of the spouse sdlegislature.gov
100. S.D. Codified Laws § 29A-2-104: survive by 120 hours sdlegislature.gov
101. TennCare policy manual 010.060 (Aug 1, 2025): share of surviving spouse, Tenn. Code Ann. § 31-2-104 tn.gov
102. Texas Estates Code Chapter 201: descent and distribution statutes.capitol.texas.gov
103. Texas Estates Code Chapter 121: survival requirements statutes.capitol.texas.gov
104. Utah Code § 75-2-102: intestate share of spouse le.utah.gov
105. Utah Code § 75-2-104: survival by 120 hours le.utah.gov
106. 14 V.S.A. § 311: share of surviving spouse legislature.vermont.gov
107. Code of Virginia § 64.2-200: course of descents law.lis.virginia.gov
108. Code of Virginia § 64.2-202: collaterals of the half blood law.lis.virginia.gov
109. Washington Court of Appeals, Estate of Petelle, No. 77556-1-I (May 6, 2019) courts.wa.gov
110. Intermediate Court of Appeals of West Virginia, No. 24-ICA-337 (Jun 27, 2025) courtswv.gov
111. Official code text (could not be read for this page): docs.legis.wisconsin.gov docs.legis.wisconsin.gov
112. Wyoming Statutes Title 2 (PDF): § 2-4-101 rule of descent wyoleg.gov
113. Mont. Code Ann. § 72-2-113: heirs other than the spouse archive.legmt.gov
114. 14 V.S.A. § 314: heirs other than the spouse legislature.vermont.gov

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