Who inherits without a will in each state — surviving spouse, children, and other heirs by family situation.
When a person dies without a valid will, the law of the state where they lived decides who receives the property. That area of law is called intestate succession, and every state has its own statute that names the heirs and the size of each share.
InheritByState collects those statutes into one plain reference. Instead of reading fifty different codes, scan a single table that shows, for each state, what the surviving spouse receives, what the children receive, and what happens to the rest. The states are grouped by the legal tradition they follow, so the patterns are easier to see at a glance.
The three traditions behind the tables
Community property
Nine states treat most earnings during marriage as jointly owned. The surviving spouse already owns half, so the intestacy rules divide only the deceased spouse separate share.
Uniform Probate Code
A model law adopted by many states with local edits. It leans toward the surviving spouse and tends to give a larger share than older common-law formulas.
Common-law
The remaining states use older formulas that split the estate more narrowly between spouse and children, often with a fixed sum or fraction to the spouse.
This reference does not replace a will and it is not legal advice. State legislatures amend these statutes and courts interpret them. When a real account, home, or business is at stake, confirm the current text of the probate code or speak with a probate attorney in that state. Use the tables as a starting point, then verify.
Start with the reference you need
By State
All fifty states in one comparison table of spouse, children, and other-heir shares.
By Family Situation
One scenario at a time: spouse and children, spouse only, children only, or no relatives.
Glossary
Per stirpes, per capita, community property, escheat, and the other terms in the tables.
FAQ
Short answers to the questions families ask first when someone dies without a will.
Not sure where to begin? Open the full state table to see every state at once, or start from your family situation. Every row links to the probate code it came from.