Intestate Succession
In one sentence
The legal process of distributing a deceased person's property when they leave no valid will.
Plain English
If someone dies without a will (or with an invalid will), state law determines who inherits their property. Each state has a set order of priority—usually spouse first, then children, then parents, then siblings. The court appoints an administrator to manage the estate and follow these statutory rules, even if the deceased person's wishes were different.
Example
David dies in a car accident without a will. Under his state's intestate succession laws, his wife receives half his estate and his two adult children split the other half. If he had left a will favoring his best friend, it wouldn't matter—the law overrides it.
Used in a sentence
“Because the deceased left no will, the court applied intestate succession rules to distribute her property to her nearest relatives.”
How Intestate Succession differs by state
Intestate Succession can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama distributes intestate estates to spouses and descendants first, then to parents and collateral heirs.
Alaska
Alaska prioritizes spouses and descendants, with a unique "augmented estate" concept for spousal claims.
Arizona
Arizona gives the entire estate to the surviving spouse if only the spouse survives, with no requirement to share with distant relatives.
Arkansas
Arkansas distributes to spouses and descendants in equal shares, with surviving spouses receiving preference over collateral heirs.
California
California's community property system gives the surviving spouse the entire community property estate, with separate property passing to descendants.
Colorado
Colorado distributes intestate property to spouses and descendants first, then to other relatives in a fixed statutory order.
Connecticut
Connecticut gives the surviving spouse a substantial share, with the remainder passing to children and more distant relatives in statutory order.
Delaware
Delaware prioritizes the surviving spouse with a significant share, then distributes to descendants and other relatives under statutory succession.
Florida
Florida grants the surviving spouse a large share or all property depending on what relatives survive, with a $60,000 exempt property allowance.
Georgia
Georgia distributes intestate property to the surviving spouse first, then to children and more distant relatives in statutory priority order.
Hawaii
Hawaii prioritizes surviving spouses and descendants, with the spouse receiving the entire estate if no children exist.
Idaho
Idaho treats community property and separate property differently, with community property passing entirely to the surviving spouse.
Illinois
Illinois gives the surviving spouse the entire estate if no descendants exist, or one-third if children are present.
Indiana
Indiana grants the surviving spouse the entire estate unless children from a prior relationship exist, then the spouse receives one-half.
Iowa
Iowa gives the surviving spouse the entire estate if no children exist, or one-half if children are present.
Kansas
Kansas distributes intestate property to spouse and children in equal shares, with surviving spouse receiving a larger portion.
Kentucky
Kentucky gives the surviving spouse a substantial share, with the remainder going to children or other heirs in a fixed order.
Louisiana
Louisiana's civil law system grants forced heirship rights to children and descendants, limiting testamentary freedom even without a will.
Maine
Maine distributes intestate estates to the surviving spouse first, then to children and more distant relatives in a statutory order.
Maryland
Maryland prioritizes the surviving spouse, who receives the entire estate if no children or parents survive the deceased.
Massachusetts
Massachusetts prioritizes surviving spouses and descendants equally, with no distinction between half and whole siblings.
Michigan
Michigan gives the surviving spouse a significant share, with the remainder passing to descendants in a fixed order.
Minnesota
Minnesota grants the surviving spouse outright ownership of the entire estate if no descendants exist.
Mississippi
Mississippi divides the estate equally among surviving children, with the spouse receiving only a life interest if children exist.
Missouri
Missouri gives the surviving spouse the first $20,000 plus one-half of the remaining estate when children survive.
Montana
Montana follows the Uniform Probate Code, distributing property to spouses and descendants in a fixed order.
Nebraska
Nebraska distributes intestate estates to spouses first, then descendants, following a standard statutory order.
Nevada
Nevada gives the surviving spouse a larger share than many states, taking the entire estate if only distant relatives survive.
New Hampshire
New Hampshire prioritizes the surviving spouse heavily, awarding the entire estate if only distant relatives would otherwise inherit.
New Jersey
New Jersey awards the surviving spouse the entire estate if no descendants or parents survive, otherwise splits with heirs.
New Mexico
New Mexico follows the Uniform Probate Code, distributing to spouse and descendants in fixed shares.
New York
New York prioritizes the surviving spouse but limits their share if children or parents survive.
North Carolina
North Carolina gives the surviving spouse a significant share but reserves portions for lineal descendants.
North Dakota
North Dakota follows the Uniform Probate Code with equal distribution among spouses and descendants.
Ohio
Ohio grants the surviving spouse the entire estate if no descendants exist, otherwise limits the spouse's share.
Oklahoma
Oklahoma distributes intestate property to surviving spouses and descendants in fixed statutory shares, with no community property rules.
Oregon
Oregon gives the surviving spouse the entire estate if no children exist; otherwise the spouse and children share equally.
Pennsylvania
Pennsylvania grants the surviving spouse the entire estate if only children survive; otherwise the spouse and children split the property.
Rhode Island
Rhode Island awards the surviving spouse the entire estate if no children exist; with children, the spouse receives one-half.
South Carolina
South Carolina gives the surviving spouse the entire estate if no children exist; with children, the spouse and children share equally.
South Dakota
South Dakota follows the Uniform Probate Code, distributing to spouse and descendants in a fixed order.
Tennessee
Tennessee prioritizes the surviving spouse, who may receive the entire estate if no descendants exist.
Texas
Texas gives the surviving spouse a substantial share, often the entire estate if no children or parents survive.
Utah
Utah follows the Uniform Probate Code, with the surviving spouse receiving a priority share before other heirs.
Vermont
Vermont gives the surviving spouse the first $25,000 plus a percentage of the remaining estate, depending on other heirs.
Virginia
Virginia distributes intestate estates to spouses and descendants first, then to parents and siblings.
Washington
Washington is a community property state where spouses receive significant preference in intestate succession.
West Virginia
West Virginia prioritizes spouses and descendants, with a sliding scale based on family composition.
Wisconsin
Wisconsin is a marital property state where spouses receive the entire estate if no descendants exist.
Wyoming
Wyoming distributes to spouses first, then children, with equal shares among children if no spouse exists.
District of Columbia
DC follows the Uniform Probate Code, distributing assets to spouse and descendants in fixed shares, with parents inheriting only if no spouse or children survive.
Related terms
Probate
The court process of validating a will and distributing a deceased person's estate.
Executor
The person appointed to carry out the instructions in a will.
Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
Power of Attorney
A legal document authorizing someone to act on your behalf in financial or medical decisions.
Living Will
A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
Public Policy
Contracts that violate society's fundamental interests or values are unenforceable.
Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Testamentary Trust
A trust created within a will that takes effect after the person dies.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.