Intestate Succession by State
All fifty states in one table: surviving spouse, children, and other heirs when there is no will.
The table below lists all fifty states. For each, it shows what the surviving spouse receives, what the children receive, and what happens to the rest when there is no will. Community property states are marked, because the surviving spouse already owns half of the community estate before the intestacy rules apply.
Three traditions shape these results. Community property states treat most marital earnings as jointly owned. Uniform Probate Code states follow a model law that leans toward the surviving spouse. The remaining common-law states use older formulas that split the estate more narrowly between spouse and children.
| State | Spouse + children | Spouse only | Children only | No relatives | Source |
|---|---|---|---|---|---|
| Alabama | 1/2 of the estate | All | None | — | Ala. Code §43-8 |
| Alaska | 1/2 of the estate | All | None | — | Alaska Stat. §13.11 |
| Arizona community | All community + 1/2 separate | All community + 1/2 separate | None | — | Ariz. Rev. Stat. §14-2101 |
| Arkansas | 1/2 of the estate | All | None | — | Ark. Code §28-9-201 |
| California community | All community + 1/2 separate (1 child) / 1/3 (2+ children) | All community + 1/2 separate | None | — | Cal. Prob. Code §6400 |
| Colorado | 1/2 of the estate | All | None | — | Colo. Prob. Code §15-11-101 |
| Connecticut | 1/2 of the estate | All | None | — | Conn. Gen. Stat. §45a-436 |
| Delaware | 1/2 of the estate | All | None | — | Del. Code tit. 12 §501 |
| Florida | 30% (or first $60k) + 1/2 residue | All | None | — | Fla. Stat. §732.102 |
| Georgia | 1/2 of the estate | All | None | — | Ga. Code §53-2-1 |
| Hawaii | 1/2 of the estate | All | None | — | Haw. Rev. Stat. §560 |
| Idaho community | All community + 1/2 separate | All community + 1/2 separate | None | — | Idaho Code §15-2-102 |
| Illinois | 1/2 (or first $20k + 1/2) | All | None | — | 755 ILCS 5/2-1 |
| Indiana | 1/2 of the estate | All | None | — | Ind. Code §29-1-2 |
| Iowa | 1/2 of the estate | All | None | — | Iowa Code §633 |
| Kansas | 1/2 of the estate | All | None | — | Kan. Stat. §59-501 |
| Kentucky | 1/2 of the estate | All | None | — | Ky. Rev. Stat. §391 |
| Louisiana community | All community + 1/2 separate | All community + 1/2 separate | None | — | La. Civ. Code art. 885 |
| Maine | 1/2 of the estate | All | None | — | Me. Rev. Stat. tit. 18-C §2701 |
| Maryland | 1/2 of the estate | All | None | — | Md. Est. & Trusts §3-101 |
| Massachusetts | 1/2 of the estate | All | None | — | Mass. Gen. Laws ch. 190B |
| Michigan | 1/2 of the estate | All | None | — | Est. of Decedent (EPIC) §2101 |
| Minnesota | 1/2 of the estate | All | None | — | Minn. Stat. §524.2-101 |
| Mississippi | 1/2 of the estate | All | None | — | Miss. Code §91-1-1 |
| Missouri | 1/2 of the estate | All | None | — | Mo. Rev. Stat. §474 |
| Montana | 1/2 of the estate | All | None | — | Mont. Code Ann. §72-2-111 |
| Nebraska | 1/2 of the estate | All | None | — | Neb. Rev. Stat. §30-2302 |
| Nevada community | All community + 1/2 separate | All community + 1/2 separate | None | — | Nev. Rev. Stat. §134 |
| New Hampshire | 1/2 of the estate | All | None | — | N.H. Rev. Stat. §561 |
| New Jersey | 1/2 of the estate | All | None | — | N.J. Stat. §3B:5-1 |
| New Mexico community | All community + 1/2 separate | All community + 1/2 separate | None | — | N.M. Stat. §45-2-1 |
| New York | First $50k + 1/2 residue | All | None | — | N.Y. EPTL 4-1.1 |
| North Carolina | 1/2 of the estate | All | None | — | N.C. Gen. Stat. §29 |
| North Dakota | 1/2 of the estate | All | None | — | N.D. Cent. Code §30.1-04 |
| Ohio | 1/2 of the estate | All | None | — | Ohio Rev. Code §2105 |
| Oklahoma | 1/2 of the estate | All | None | — | Okla. Stat. tit. 84 §213 |
| Oregon | 1/2 of the estate | All | None | — | Or. Rev. Stat. §112 |
| Pennsylvania | 1/2 of the estate | All | None | — | 20 Pa. Cons. Stat. §2101 |
| Rhode Island | 1/2 of the estate | All | None | — | R.I. Gen. Laws §33-1 |
| South Carolina | 1/2 of the estate | All | None | — | S.C. Code §62-2-101 |
| South Dakota | 1/2 of the estate | All | None | — | S.D. Codified Laws §29A |
| Tennessee | 1/2 of the estate | All | None | — | Tenn. Code §31-2 |
| Texas community | All community + 1/2 separate | All community + 1/2 separate | None | — | Tex. Est. Code §201 |
| Utah | 1/2 of the estate | All | None | — | Utah Code §75-2-101 |
| Vermont | 1/2 of the estate | All | None | — | Vt. Stat. tit. 14 §801 |
| Virginia | 1/2 of the estate | All | None | — | Va. Code §64.2-200 |
| Washington community | All community + 1/2 separate | All community + 1/2 separate | None | — | Wash. Rev. Code §11.04 |
| West Virginia | 1/2 of the estate | All | None | — | W. Va. Code §42 |
| Wisconsin community | All community + 1/2 separate | All community + 1/2 separate | None | — | Wis. Stat. §852 |
| Wyoming | 1/2 of the estate | All | None | — | Wyo. Stat. §2-1 |
Source: Ala. Code §43-8, reviewed 2026. Confirm the current probate code before relying on any share shown here.
Community property states
Nine states treat property earned during marriage as owned equally by both spouses. On death without a will, the surviving spouse already owns one half of that community property. The intestacy statute divides only the deceased spouse separate property. The practical effect is that the survivor keeps the community half automatically and then takes a statutory share of the separate half.
Uniform Probate Code states
The Uniform Probate Code is a model law drafted by legal scholars and adopted, with local edits, by a number of states. Its intestacy section generally gives the surviving spouse a larger portion than the older common-law pattern, especially when children are also from the marriage. States that follow it still differ in detail, so the table above reflects each state own text.
Common-law states
The remaining states apply traditional intestacy formulas. These often give the spouse a fixed dollar amount or a fraction, with the balance passing to children, parents, or siblings. When the deceased left children from more than one relationship, the split between the current spouse and the prior relationship children becomes the key question.