enlighten technologies incorporated

Wills and Estates

You acknowledge that LAWCHEK™ owns all rights, title, and interest, including and without limitation all intellectual property rights (as defined below), in and to the forms and information (including LAWCHEK™ website and brand features, including implied licenses, and excluding items licensed by LAWCHEK™ from third parties and excluding any third party property), and that you will not acquire any rights, title, or interest in or to the legal forms or information or copyrights, except as expressly set forth on the site in regard to using the legal forms for information gathering purposes. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source copyright from any LAWCHEK™ services or documentation, or create or attempt to create a substitute or similar service or product through use of or access to this website or proprietary information related thereto. You will not remove, obscure, or alter the LAWCHEK™ copyright notice, brand features, or other proprietary rights notices affixed to or contained within any LAWCHEK™ services, software, or documentation (including without limitation the use of LAWCHEK™ brand features with online legal forms, web hosting services, website html codes, or LAWCHEK™ website copyrights, as applicable). "Intellectual Property Rights" means any and all rights existing from time-to-time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations, and re-instatements thereof, now or hereafter in force and effect worldwide.
This is not a substitute for legal advice. An attorney must be consulted. To find an attorney in your area, please CLICK HERE.

What is Intestate succession?

Each state provides an estate plan for a person who does not have a Will. These are referred to as state intestacy statutes. These statutes set forth who inherits from an intestate estate, based on their relationship to the decedent. Generally, if a person knew how his or her property would be distributed under these statutes, most would choose to have a Will and be able to have the property distributed according to their wishes. In the explanation that follows, the terms "issue" or "descendants" generally means all lineal descendants of all generations. The term "representation" generally means that the class with the nearest degree of kinship (usually children) is divided into one share for each surviving child and one share for each deceased child who left issue surviving. The share of the deceased child is then divided among his or her issue in the same manner. Please see specific state for details and/or differences.

ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA
GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA
NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
In Alabama, an intestate estate first all goes to the surviving spouse if the decedent had no surviving issue or parents. If there is a surviving parent, then the spouse takes the first $100,000 plus half of the balance. If all decedent's issue are also issue of the surviving spouse, then spouse takes the first $50,000 plus half the balance; and if decedent is survived by at least one issue who is not also issue of the surviving spouse, then spouse takes half.

The share that does not pass to the surviving spouse, first goes to the children of the decedent in equal shares. If a child is deceased, that child's children take his or her share. If no issue survive, then this share passes to the surviving parent or parents equally. If both parents are deceased, then it passes to the brothers and sisters of the decedent, and if any of them are deceased, their children will take their share. Half blood relatives inherit the same as if they were whole blood. If no one has inherited under this scheme, the formula continues to more remote kin and, eventually, the state becomes the beneficiary, if no relative claims the share. Ala. Code Sec. 43-8-41,42,43,44,46.

ALASKA
An intestate estate will pass entirely to the surviving spouse if the decedent left no surviving issue or parents. If the decedent is survived by any descendants, the surviving spouse receives 1/2 the estate. If the decedent left no descendants, but is survived by one or both parents, the surviving spouse receives 3/4 of the estate. If the decedent is survived by descendants who are not also issue of the surviving spouse, then the spouse will receive only a life estate and 1/3 of the real estate owned by the decedent and will receive the regular statutory share in the personal property. (Section 13.11.010)
The share of the estate which does not pass to the surviving spouse or in the case there is no surviving spouse, will be distributed as follows, with each class taking to the exclusion of other classes: First, to the issue of the decedent; if a child is deceased but leaves children surviving, they will take the child's share, and so on to more remote degrees of descendants; next, if there is a surviving spouse but no surviving descendants, then to the decedent's surviving parents; if there is neither a surviving spouse nor descendants, then to the surviving parents and brothers and sisters and if deceased to their issue by representation, however, each parent will take no less than 1/4 of the net estate; if there are no surviving parents or brothers or sisters, then to nieces and nephews equally or if one is deceased, to their issue by representation; next to surviving grandparents; and finally, if no one has taken the estate, it is divided into equal shares of the sum of aunts and uncles surviving the decedent plus the number of deceased aunts and uncles who left issue surviving, then the shares shall pass to each of the aunts and uncles and to their issue by representation. (Section 13.11.015)
ARIZONA
An intestate estate first goes entirely to the surviving spouse, provided the decedent left no surviving issue or if the surviving issue are also issue of the surviving spouse. If the decedent left any issue who are not also issue of the surviving spouse, then the surviving spouse takes 1/2 of the decedent's separate property and receives no interest in the decedent's share of community property. (Section 14-2102)
The share of the estate not passing to the surviving spouse or in the case where there is no surviving spouse, then the estate passes to the issue of the decedent by representation. If no issue survive, then the share goes to the parents in equal shares or to the surviving parent. If neither issue nor parents survive, then the share goes to the issue of the parents or either of them by representation (i.e. the decedent's brothers or sisters or their issue). If the share is yet unclaimed, 1/2 passes to the paternal grandparents and the other 1/2 passes to the maternal grandparents, or if they are deceased, to their issue by representation (i.e. aunts, uncles, cousins).
In Arizona, representation takes on a different definition. Here, per capita representation means that the estate is divided into equal shares at each generational level. For example, if there are 3 children and 1 survives, the child takes 1/3, and the children of the 2 deceased children divide the remaining 2/3 among them equally.
ARKANSAS
In Arkansas, an intestate estate first goes entirely to the surviving spouse if the decedent left no descendants and has been continuously married for at least 3 years. If married for less than 3 years, then the surviving spouse takes only 50%. (Section 28-9-214). In addition to this, the surviving spouse is entitled to 1/2 of all personal property acquired, plus 1/2 of community real estate located in this state and acquired with community funds from another state.
The remaining share of the intestate estate passes first to the surviving children and to the descendants of any deceased children. If there are no surviving descendants, then it goes to the surviving parents equally or to the survivor. If there are no surviving parents, then the share goes to the brothers and sisters of the decedent or to the descendants of any deceased brothers or sisters. If no one has yet taken the share, then the next class consists of surviving grandparents and then aunts and uncles and their descendants. From there, the scheme continues to more remote relatives and, eventually, the county would be the beneficiary if the share went unclaimed. (Section 28-9-214,215).
CALIFORNIA
First, the surviving spouse receives the decedent's entire estate of separate property, if the decedent left no surviving issue, parents, or issue of parents. If the decedent left one child or issue from one child, then the surviving spouse receives 1/2 of the estate. Likewise, if the decedent left no issue, but left a parent or parents surviving or issue of parents surviving (i.e. brothers and sisters), then the surviving spouse receives 1/2 of the estate. Finally, if the decedent left more than one child surviving or issue from more than one child, then the surviving spouse receives 1/3 of the estate. (Section 6401)
The remaining share, or the entire share if there is no surviving spouse, first goes to the children of the decedent in equal shares. If any or more children are deceased, the share of the deceased child, is divided equally among the issue of the predeceased child. The initial division into equal shares always takes place at the nearest generation with living members.
If there are no issue to take the share, then it goes to the parents or the surviving parents. Next, the share goes to the issue of the parents of either of them (i.e. half blood brothers and sisters inherit in the same manner as whole blood). Finally, the scheme continues to the grandparents or issue of the grandparents (aunts, uncles, cousins), then to the next of kin, and finally to parents of a predeceased spouse or their issue. (Section 6402)
A special rule exists if a person left neither a spouse or issue surviving and the predeceased spouse died within the past 15 years. In this case, it must be determined what part of the estate was attributable to the predeceased spouse. In this portion passes in equal shares to the issue of the predeceased spouse, if any, otherwise to the parents of the predeceased spouse and their issue (brothers and sisters or their issue). (Section 6402.5)
COLORADO
The surviving spouse receives the entire estate if the decedent leaves no issue or parents surviving. If one or both parents survive but no issue survive, the surviving spouse receives the first $200,000 plus $75,000 of the balance. If the decedent does leave surviving issue, the surviving spouse will receive the entire estate if these issue are descendants of both the decedent and the surviving spouse. However, if the decedent leaves surviving issue who are not also issue of the surviving spouse, then the surviving spouse takes the first $100,000 and 50% of the balance if these surviving descendants are adults. Finally, if only the surviving spouse has surviving descendants, then the surviving spouse takes $150,000 and 50% of the balance. (Section 15-11-102)
The portion not passing to the surviving spouse, or if there is no surviving spouse, passes as follows:

To descendants by representation; this means if 2 of the decedent’s 4 children survive, the 2 surviving children will each receive 1/4 of the estate and assuming the 2 deceased children leave grandchildren surviving, the remaining 1/2 of the estate will be split in equal shares by the surviving grandchildren of the 2 deceased children. Colorado's definition of representation varies from the common definition and means per capita at each generation.

If no descendants survive, to the parents or to the surviving parent.

If there are no surviving parents or descendants, to the surviving brothers and sisters of the decedent by per capita representation.

If there are no takers above, then to the grandparents or to the surviving descendants of the grandparents by per capita representation. (Section 15-11-103)

CONNECTICUT
The surviving spouse receives the entire estate if the decedent left no surviving issue or parents. If one or more parents are alive, but there are no surviving issue, then the spouse takes $100,000 plus 3/4 of the balance. If issue of the decedent survive who are all issue of the surviving spouse, then the spouse takes $100,000 plus 1/2 the balance. If the decedent left any issue who are not also issue of the surviving spouse, then the spouse takes 1/2 of the estate. If the spouse had entered into a written contract, either before or after marriage, where the spouse received property from the decedent in lieu of receiving through a Will, then the spouse is not entitled to the statutory share. Also, if the surviving spouse had abandoned the decedent without good cause, no statutory share is allowed. (Section 45-273a)
The share that does not pass to the surviving spouse or in the case where there is no surviving spouse, the estate first goes to the children of the decedent, or to the grandchildren by representation if a child is deceased. If no issue survive, then the share goes to the parents or surviving parent, next to the decedent's brothers or sisters and their issue by representation, then to next of kin of the same degree with no representation being allowed for predeceased members, and finally to stepchildren and their issue by representation. (Section 45-216)
DELAWARE
An intestate estate first goes entirely to the surviving spouse if the decedent had no surviving issue or parents. If the decedent is survived by one or more parents but no issue, then the spouse takes the first $50,000 of the personal property, plus 1/2 of the balance of the personal property and also receives a life estate in the real estate. If the decedent left issue who were also issue of the surviving spouse, then the spouse takes $50,000 plus 1/2 of the balance of the personal property plus a life estate in the real estate. Finally, if the decedent is survived by issue who are not also issue of the surviving spouse, then the spouse receives 1/2 of the personal property and a life estate in the real estate. (Section 12-502)
The share of the intestate estate that is not distributed to a surviving spouse is first distributed to the issue of the decedent by representation. If no issue survive, then the decedent's surviving parent or parents would receive the estate. Next, if there are no surviving issue or parents, the estate is distributed to the brothers and sisters of the decedent, or if any are deceased, to their issue, by representation. Finally, if none of the preceding classes survived, the estate would be distributed to the next of kin of the decedent and to their issue. (Section 12-503)
FLORIDA
An intestate estate first goes entirely to the surviving spouse if there are no lineal descendants of the decedent surviving. If all the surviving descendants are also descendants of the surviving spouse, then the first $20,000 goes to the spouse plus 1/2 of the balance and the other 1/2 to the descendants. If there are descendants who are not also descendants of the surviving spouse, then 1/2 of the estate goes to the surviving spouse and 1/2 goes to the descendants.
If there is no surviving spouse, then the entire estate passes to the lineal descendants. If there are no lineal descendants, then the estate goes to the parents of the decedent equally or to the survivor of them. If no parents or descendants survive, then the estate passes to the decedent's brothers and sisters and to the descendants of the deceased brothers and sisters. Finally, if no one has inherited the estate, the grandparents are entitled to inherit in equal shares. If they do not survive , then the decedent's aunts and uncles and the descendants of deceased aunts and uncles are entitled to inherit. Last, the unclaimed estate would pass to any more remote kin who survive and if none, then to the next of kin of the last deceased spouse. (Section 732.101-103)
GEORGIA
An intestate estate first goes entirely to the surviving spouse if no descendants survive. Where the decedent left surviving children or descendants, the spouse will take a child's share. However, when there are more than 4 shares, then the spouse takes 1/4 of the estate and the children or descendants take 3/4.
The share not distributed to the surviving spouse, or in the case where there is no surviving spouse, is distributed as follows: first, children of the decedent inherit equally; if any of the children are deceased, the deceased child's children take his or her share by representation. Next, if no descendants survive, brothers and sisters of the decedent inherit the share. If any of the brothers or sisters are deceased, their descendants take their share by representation. If no brothers or sisters survive, nephews and nieces will inherit the share in equal shares. The decedent's parents are classified in the same class with the decedent's brothers and sisters and inherit equally with them. The formula continues on to more remote paternal and maternal next of kin, to grandparents, and finally to aunts and uncles and to the children of a deceased aunt or uncle. More remote degrees of relative inherit if the estate is still unclaimed. (Section 53-4-2)
HAWAII
An intestate estate is first distributed entirely to the surviving spouse, if the decedent left no surviving issue or parents. If issue or parents survive, then the spouse takes 1/2 of the estate. (Section 560;2-102)
In the event there is no surviving spouse, the intestate estate passes in the following order, with each class taking the exclusion of later classes: To issue, and more remote generations by representation; parents, issue of parents and more remote generations by representation; surviving grandparents, issue of grandparents with no right of representation; and finally to great-grandparents, then to the issue of the great-grandparents with no right of representation. (Section 560;2-103)
IDAHO
The surviving spouse takes the entire estate if the decedent left no surviving issue. In the case where the decedent is survived by a parent but no issue, or in the case where the surviving issue are also issue of the surviving spouse, then the spouse takes the first $50,000 plus 1/2 of the balance of the estate. If any of the surviving issue are not also issue of the surviving spouse, then the surviving spouse takes 1/2 of the estate. Additionally, the spouse takes 1/2 of community property. (Section 15-2-102).
The share of the estate that does not pass to the surviving spouse, or in the case where there is no surviving spouse, is distributed as follows: first, to the issue of the decedent, with more remote descendants taking by representation; next, to the parents or to the survivor; then, to the issue of the parents (brothers and sisters) and to more remote descendants by representation. Finally, if no one has taken the estate, it is divided equally between the paternal grandparents and maternal grandparents or to their issue by representation.
ILLINOIS
An intestate estate first goes entirely to the surviving spouse, if the decedent left no descendants surviving. If descendants survive as well as the surviving spouse, then the spouse takes 1/2 of the estate. (Section 755-5\2-1)
The share not distributed to the surviving spouse, or if there is no surviving spouse, is distributed in the following order, with each class taking to the exclusion of later classes:

To the children of the decedent and if a child is deceased and left children, those grandchildren take the child's share; the scheme continues down the line of descendants.

To brothers, sisters and parents equally and, if one parent is dead, the surviving parent takes a double share; descendants of deceased brothers and sisters take by representation.

One half to paternal grandparents and one half to maternal grandparents or to their descendants in the same manner as #1 above.

One half to paternal great-grandparents and one half to maternal great-grandparents or to their descendants in the same manner as #1 above.

To next of kin without representation. (Section 755-5/2-1)

INDIANA
An intestate estate will pass entirely to the surviving spouse if the decedent left no surviving issue or parents. If the decedent is survived by any descendants, the surviving spouse receives 1/2 the estate. If the decedent left no descendants, but is survived by one or both parents, the surviving spouse receives 3/4 of the estate. If the decedent is survived by descendants who are not also issue of the surviving spouse, then the spouse will receive only a life estate in 1/3 of the real estate owned by the decedent, plus $8,500 in the personal property. (Section 29-1-2-1)
The share of the estate that does not pass to the surviving spouse or if there is no surviving spouse, will be distributed as follows, with each class taking to the exclusion of other classes: First to the issue of the decedent. If a child is deceased but leaves children surviving, they will take the child's share, and so on to more remote degrees of descendants. Next, if there is a surviving spouse but no surviving descendants, the share goes to the decedent's surviving parents. If there is neither a surviving spouse nor descendants, then to the surviving parents and brothers and sisters and to the issue of deceased brothers and sisters by representation. However, each parent will take no less than 1/4 of the net estate. If there are no surviving parents or brothers or sisters, then to nieces and nephews equally or if they are deceased to their issue by representation. Next to surviving grandparents, and finally if no one has taken the estate it is divided into equal shares of the sum of aunts and uncles surviving the decedent plus the number of deceased aunts and uncles who left issue surviving, then the shares shall pass to each of the aunts and uncles and to the issue of deceased aunts and uncles by representation.
IOWA
An intestate estate first passes entirely to the surviving spouse if the decedent left no issue surviving or if the surviving issue are also issue of the surviving spouse. (Section 633.211) If the decedent left some issue who are not also issue of the surviving spouse, then the spouse takes 1/2 of the real estate, all of the exempt personal property and 1/2 of the balance of the personal property. If the total of these amounts does not exceed $50,000, then the spouse also receives additional property to bring the spouse's share up to $50,000. (Section 633.212)
The share of the estate that does not pass to the surviving spouse, or if there is no surviving spouse, passes as follows, with each class taking all to the exclusion of later classes. First, the estate passes to the children and/or the issue of a deceased child. For example, if a child were deceased, but left children surviving, those grandchildren would take the deceased child's share. Next, the estate passes to the parent or surviving parents of the decedent; then the estate passes to the issue of the parents (brothers or sisters or, if deceased, to their descendants). If no one has yet claimed the estate, it goes 1/2 to the paternal and 1/2 to the maternal grandparents or to their issue (aunts and uncles) and descendants. Next the estate passes to the spouse of the decedent or, if not living, to the issue of the predeceased spouse. Finally, if no one has claimed the estate, it passes to the state of Iowa. (Section 633.219)
KANSAS
An intestate estate first goes entirely to the surviving spouse if the decedent left no issue surviving. Where the decedent left issue and a surviving spouse, 1/2 goes to the children, and 1/2 to the surviving spouse. If a child is deceased, but left children surviving, those children take the deceased child’s share, and so on for future generations. If the decedent is not survived by either a spouse or issue, then the entire estate goes to the parents, or to the surviving parent. If the parents are deceased, then the estate passes on to the issue of the parents, as if the parents had died without a Will. No property will pass to a person more than six degrees removed. (Section 59-502).
KENTUCKY
If the decedent left no descendants, parents, brothers or sisters, or descendants of brothers or sisters, as survivors, then the surviving spouse takes all of the real estate. The surviving spouse also has a dower interest which amounts to 1/2 of the real estate, and in some cases a life estate and 1/3 of the real estate. The surviving spouse also has a dower interest in 1/2 of the personal property. (Section 392.020).
Subject to the right of dower mentioned above, real estate goes first to the decedent’s children or to the descendants of any deceased children; next to the parents or to the survivor; next to the decedent’s brothers and sisters or their deceased brothers' and sisters' descendants; next to the surviving spouse. If no one has taken the real estate, it passes on to the grandparents and their descendants. (Section 391.010). If a person who has no descendants dies without a Will, and he or she owns real estate which was a gift from his or her parents, then the parent or parents, if surviving, will inherit. (Section 391.020). The personal property is subject to the dower right, and passes in the same manner that the real estate passed above, with these exceptions: an infant’s personal property is distributed as if he or she were an adult; an alien may receive personal property; and personal property in the amount up to $7,500 is exempt from distribution if the surviving spouse or surviving children make an application. (Section 391.030).
LOUISIANA
The surviving spouse receives his or her share of the community property. If the decedent left no descendants, then the surviving spouse also inherits the decedent’s share of community property. (Section 889) If the decedent leaves descendants surviving, then the decedent’s share of community property goes to the descendants. However the surviving spouse has certain priorities in pension and retirement plan payments if they were community property. (Section 890) This priority generally terminates when the surviving spouse remarries. The total marital portion is limited to a $1,000,000 maximum. (Section 2434)
The decedent’s separate property is inherited first by his or her descendants. If no descendants survive, then it goes to the decedent’s brothers or sisters or their descendants, next to surviving parents, then to the surviving spouse, and finally to any ancestors or other next of kin. (Section 89106) The share of the decedent’s brothers and sisters is subject to usufruct (similar to life estate) in favor of any surviving parents.
MAINE
If the decedent left no surviving issue or parents, the surviving spouse takes the entire estate. If the decedent is survived by a parent, but no issue, then the spouse takes the first $50,000, plus 1/2 of the balance of the estate. If the decedent left issue surviving who are also issue of the surviving spouse, then the spouse takes the first $50,000, plus 1/2 of the balance of the estate. Finally, if the decedent left any issue who are not also issue of the surviving spouse, then the surviving spouse takes 1/2 of the estate. (Section 2-102).
As to the share not distributed to the surviving spouse, first there needs to be an explanation of what it means to be distributed per capita at each generation. This is an equally near, equally dear, philosophy in that it provides that the estate is first split among the nearest surviving generation in equal shares. If any of the nearest generations are deceased, then their shares are combined and distributed equally among the survivors of the next generation of those who were deceased. In other words, it never permits unequal shares to be given to persons in the same generation. The estate not passing to the surviving spouse first passes to the issue of the decedent, per capita at each generation. If the decedent left no issue, then to the parent or parents. If there are neither surviving issue, nor parents, then to the issue of the parents per capita at each generation. Next the estate would be divided, 1/2 among the paternal grandparents and 1/2 to the maternal grandparents, or to their issue to be distributed per capita at each generation. Finally, the estate would go to the great-grandparents, or to their issue, in the same manner.
MARYLAND
The surviving spouse takes the entire estate if the decedent left no surviving issue or parents. If the decedent left a minor surviving child, then the spouse takes 1/2 of the estate. If the decedent left surviving issue, but none are minors, then the spouse takes $15,000, plus 1/2 of the balance. (Section 3-102).
The share not distributed to the surviving spouse, or in the case there is no surviving spouse, is distributed first to the surviving issue of the decedent by representation. Next the estate goes to the parents or the survivor, otherwise to the parent's issue by representation; next, 1/2 to the paternal grandparents and 1/2 to the maternal grandparents or to their issue by representation; next 1/4 of the estate goes to each pair of great-grandparents or to their issue by representation; and finally to any living step-children or to their issue by representation.
MASSACHUSETTS
The surviving spouse takes the entire estate, if the decedent left no issue and the estate does not exceed $200,000. In that case, if the estate exceeds $200,000, the surviving spouse takes $200,000 plus 1/2 of the balance of the personal and real estate. In the case where the decedent leaves issue, the surviving spouse takes 1/2 of personal and real property. If the decedent leaves no issue or next of kin, the survivor takes the entire estate, regardless of the size. (Chapter 190, Section 1).
The portion of the estate that does not go to the surviving spouse, or in the case where there is no surviving spouse, distribution is as follows, with each class taking to the exclusion of later classes:
To the children of the decedent and to the issue of any deceased child, by representation. If the decedent left no children surviving, then to other lineal descendants in equal shares of the same degree and to the issue of deceased descendants by representation. If no descendants survive, then to the parents or to the survivors. If neither descendants nor parents survive, then to the decedent’s brothers or sisters and to the issue of any deceased brothers or sisters by representation. If no brothers or sisters survive, then to the issue of brothers and sisters in equal shares, if of the same degree, or to the deceased issue by representation. Finally, if no one has taken the estate, to next of kin of the same degree, through the nearest ancestor. (Chapter 190, Section 2, 3).
MICHIGAN
The surviving spouse receives the entire intestate estate if the decedent left no surviving issue or parents. If the decedent leaves a parent surviving, but no issue, then the spouse takes the first $60,000, plus 1/2 of the balance of the estate. If the decedent leaves issue surviving who are also issue of the surviving spouse, then the spouse takes the first $60,000, plus 1/2 of the balance of the estate. If the decedent left issue, any of whom are not also issue of the surviving spouse, then the surviving spouse takes 1/2 of the intestate estate. (Section 700.105).
The share not distributed to the surviving spouse, or in the case where there is no surviving spouse, is distributed to the issue of the decedent, in equal shares of the same degree. If a child is deceased but leaves children surviving, those children will take the deceased child’s share by representation. If no issue survive, the estate goes to the parents or to the surviving parent. Next, the estate would be distributed to the brothers and sisters of the decedent and, if deceased, to their children, by representation. Finally, if no one has taken the estate, the estate is divided 1/2 among the maternal grandparents and 1/2 among the paternal grandparents and, if deceased, is distributed to the grandparents' issue in equal shares of the same degree. There is no representation allowed here. In other words, more remote relatives are excluded if anyone survives in a closer degree. If no survivors are determined, the estate would go to the State of Michigan. (Section 700.106).
MINNESOTA
The surviving spouse will receive the entire estate where the decedent left no surviving descendants, and also in the case where all of the surviving descendants are also descendants of the surviving spouse. If the decedent left descendants surviving who are not also descendants of the surviving spouse, or if there are surviving descendants of the spouse who are not also descendants of the decedent, then the surviving spouse receives $150,000, plus 1/2 of the balance of the estate.
The share not passing to the surviving spouse, or in the case where there is no surviving spouse, is distributed first to the surviving descendants by right of representation. If no descendants survive, then the estate goes to the parents or to the surviving parent. Next, the estate would be distributed to the brothers and sisters of the decedent or, if deceased, to their descendants. If no one has yet taken the estate, then it is divided 1/2 among the maternal grandparents and 1/2 among the paternal grandparents, with their descendants taking, by right of representation, divided at the generation nearest to the grandparents where there is at least one survivor. Finally, the estate would be distributed to next of kin in equal shares, with nearest relatives taking to the exclusion of more remote relatives. (Section 524.2-102)
MISSISSIPPI
The surviving spouse takes the entire estate if the decedent left no children or descendants. If the decedent did leave children or descendants surviving, then the surviving spouse takes the same share as a child. (Section 91-1-7)
If there is no surviving spouse, then the estate goes to the decedent's children with a deceased child's share passing to his or her children by representation. If the decedent left no descendants, then the estate is distributed among the parents and brothers and sisters of the decedent, equally, with a deceased brother or sister's share passing to his or her children by representation. If no one has yet taken the estate, then it is distributed to the grandparents and aunts and uncles. Finally, the estate would be distributed to next of kin, with those in the nearest degree taking, to the exclusion of those in a more remote degree. (Section 91-1-3)
MISSOURI
The entire estate goes to the surviving spouse if the decedent left neither issue nor parents surviving. If the decedent left one or both parents surviving, but no issue, or if the decedent left issue, all of whom are also issue of the surviving spouse, then the spouse takes the first $20,000, plus 1/2 of the balance of the estate. If the decedent left any surviving issue who are not also issue of the surviving spouse, then the spouse takes 1/2 of the estate. (Section 474.010) If the decedent had made any gifts in an attempt to defraud the surviving spouse, then these assets may be recovered and applied to the spouse's share. (Section 474.150)
The share that is not passed to the surviving spouse, or if there is no surviving spouse, passes first to the decedent's children and descendants of any deceased children. If there are no living descendants, then the estate goes to the parents, brothers, sisters, and descendants of deceased brothers and sisters. Next, the estate would be distributed to grandparents, aunts and uncles and their descendants. The distribution would continue on to great grandparents and their descendants and so on, however, a collateral relative more remote than the 9th degree may not inherit. If no relatives can be found, then the estate goes to the relatives of the decedent's predeceased spouse, in the same manner. (Section 474.010)
MONTANA
The surviving spouse is entitled to the entire estate if the decedent left no issue surviving, or if all surviving issue are also issue of the surviving spouse, and the decedent left no parents surviving. If the decedent left one or both parents surviving, and all surviving issue are also issue of the surviving spouse, then the spouse takes the first $200,000, plus 3/4 of the balance of the estate. If the surviving spouse has issue who are not also issue of the decedent, then the spouse takes the first $150,000, plus 1/2 of the balance of the estate. On the other hand, if the decedent left issue who are not also issue of the surviving spouse, then the spouse takes the first $100,000, plus 1/2 of the balance of the estate. (Section 72-2-112)
The share of the estate not passing to the surviving spouse, or in the case where there is no surviving spouse, the estate passes to the issue of the decedent in equal shares. If the child of the decedent is also deceased, but leaves children surviving, those children take the deceased child's share by representation. If the decedent left no surviving issue, then the estate goes to the parents or to the surviving parent. If the decedent left neither issue nor parents surviving, then the estate goes to the issue of the parents, (brothers and sisters of the decedent), or, if deceased, to their issue, by representation, if the grandparents are deceased. If no one has taken the estate, the estate is divided 1/2 among the maternal grandparents and 1/2 to the paternal grandparents, passing to their issue by representation. Finally, if no one has taken the estate, it passes to the relative of closest degree of kinship. If there is more than one, the one claiming through the nearer ancestor will receive the estate, to the exclusion of more remote relatives. (Section 72-2-113)
NEBRASKA
The surviving spouse takes the entire estate if the decedent left no surviving issue or parents. If the decedent left no surviving issue, but was survived by one or both parents, the spouse takes the first $50,000, plus 1/2 of the balance of the estate. If the decedent left issue surviving who are also issue of the surviving spouse, then the spouse takes the first $50,000, plus 1/2 of the balance of the estate. In the case where the decedent left one or more issue who are not also issue of the surviving spouse, then the spouse takes 1/2 of the estate.
The share of the estate that does not pass to the surviving spouse, or in the case where there is no surviving spouse, is distributed first to the issue of the decedent of the same degree in equal shares. To those deceased issue who left children, the more remote issue take their parents share, by representation. If the decedent left no surviving issue, then the estate goes to the decedent's parents or to the surviving parents. In the case where there is neither surviving issue nor parents, then the estate goes to the issue of the parents (brothers & sisters of the decedent), and, if any of them are deceased, to their issue by representation. If no one has yet taken the estate, it is divided 1/2 among the maternal grandparents and 1/2 among the paternal grandparents and is distributed to them or, if deceased, to their descendants, by representation. (Section 30-2201 et seq.)
NEVADA
The surviving spouse takes the entire share of the decedent's separate property, if the decedent left no descendants, parents, brothers or sisters or nieces or nephews surviving. If the decedent left more than one child, or one child and the descendants of another deceased child, or the descendants of two or more deceased children, then the spouse takes 1/3 of the separate property. If the decedent left one child, descendants of one child, a parent or parents, brothers or sisters or nieces or nephews, then the surviving spouse takes 1/2 of the separate property. (Section 134.040-050) The surviving spouse also receives an undivided 1/2 interest in community property. If the decedent did not devise his or her share of community property by a Will, then that share also passes to the surviving spouse. (Section 123.250)
The share that does not pass to the surviving spouse, or if there is no surviving spouse, is distributed as follows: First to the children of the decedent in equal shares or, if any children are deceased, to their children by representation, and so on among more remote descendants. If the decedent left no descendants, then the share is distributed to the decedent's parents or to the surviving parents. Next the estate is distributed to the brothers and sisters of the decedent, with the children of any deceased brothers or sisters taking by representation. Finally, if no one has claimed the estate, it is distributed to the next of kin who are of the closest degree of relation, with those claiming through the nearest ancestor taking, to the exclusion of those claiming through more remote ancestors. (Section 134.030-110)
NEW HAMPSHIRE
The surviving spouse receives the entire estate if the decedent left no issue or parents surviving. If the decedent left no issue but did leave a parent or parents, then the spouse takes the first $50,000, plus 1/2 of the balance of the estate. If the decedent left issue surviving all of who are also issue of the surviving spouse, then the spouse takes the first $50,000, plus 1/2 of the balance of the estate. If the decedent left any issue surviving who are not also issue of the surviving spouse, then the spouse takes 1/2 of the estate.
The share of the estate that did not pass to the surviving spouse, or in the case where there is no surviving spouse, passes to the issue of the decedent, and, if any children are deceased, to more remote issue, by representation. If the decedent left no descendants surviving, then the estate goes to the parents or to the survivor. If the decedent left neither descendants nor parents surviving, then the estate goes to the brothers and sisters of the decedent and to their issue, by representation. Finally, if no one has taken the estate, it is divided 1/2 among the maternal grandparents and 1/2 among the paternal grandparents, and, if the grandparents are deceased, passes to their issue, by representation. (Chapter 561 Section 1)
NEW JERSEY
The surviving spouse is entitled to the entire estate if the decedent left no issue or parents surviving. In the case where the decedent left no surviving issue, but left a surviving parent, or in the case where the decedent left surviving issue, all of whom are also issue of the surviving spouse, then the spouse takes the first $50,000, plus 1/2 of the balance of the estate. If the decedent left issue surviving who are not also issue of the surviving spouse, then the spouse takes 1/2 of the intestate estate. (Title 3B, Chapter 5, Section 3)
The share of the estate that does not pass to the surviving spouse, or in the case where there is no surviving spouse, passes first to the issue of the decedent with more remote descendants taking by representation. If the decedent left no issue surviving, then the estate goes to the parents or to the survivor. If the decedent left neither issue nor parents surviving, then the estate passes to the decedent's brothers or sisters or, if deceased, to their issue by representation. Next it would be distributed to the surviving grandparents with 1/2 going to the maternal grandparents and 1/2 going to the paternal grandparents or, if deceased, to their issue by representation. (Title 3B Chapter 5 Section 4)
NEW MEXICO
As to the separate property owned by the decedent, the surviving spouse is entitled to all the separate property, if the decedent left no surviving issue. If the decedent left surviving issue, 1/4 of the separate property goes to the surviving spouse and the remainder goes to the decedent's issue. The 1/2 of community property which decedent could have disposed of by will also goes to the surviving spouse if the decedent failed to execute a Will to dispose of it. (Section 45-2-102, 103)
If there is no surviving spouse, the decedents intestate property passes to the decedent's children and, if any children are deceased, to more remote degrees of issue by representation. If the decedent left no issue surviving, then the intestate property goes to the following relatives, with each class taking to the exclusion of later classes: parents, issue of parents (brothers and sisters - if deceased, to their descendants), grandparents, issue of grandparents (aunts, uncles and their issue), and, finally, to any lineal ancestors or their descendants. (Section 45-2-103)
NEW YORK
If the decedent left both a spouse and issue surviving, the surviving spouse takes $50,000, plus 1/2 of the balance of the estate, with the remaining balance of the estate going to the issue, by representation. If the decedent left a surviving spouse but no issue surviving, then the surviving spouse takes the entire estate. In the case where the decedent left issue surviving but no surviving spouse, then the entire estate goes to the issue, by representation. If the decedent left neither a spouse or issue surviving, then the estate goes to the parents or to the survivor. Next, the estate passes to the decedent's brothers and sisters or, if any are deceased, to their issue by representation. If no one has yet taken the estate, next it would be divided 1/2 between the paternal grandparents and 1/2 among the maternal grandparents and, if they are deceased, it would pass to their issue by representation. Finally, if there survive any great-grandchildren of grandparents, the estate would be split 1/2 among the great-grandchildren of the paternal grandparents and 1/2 among the great-grandchildren of the maternal grandparents on a per capita basis. (N.Y. EPTL Laws Section 4-1.1)
NORTH CAROLINA
Where a decedent is survived by a spouse and children or other descendants, the surviving spouse receives the first $15,000 of personal property, plus 1/3 of the balance of the estate, while the children (or, if the children are not living, their descendants) receive 2/3 of the balance of the estate. If the decedent is survived by a surviving spouse and only one child, or descendants of one child, the spouse receives the first $15,000 of personal property, plus 1/2 of the balance of the estate, while the child (or, if not surviving, their descendants) receive 1/2 the balance of the estate. If the decedent is survived by descendants, but no spouse, then the descendants receive the property. If the decedent is survived by a spouse and a parent or parents, but no descendants, then the spouse receives 1/2 of the real estate, while the parent or parents receive the other 1/2 of the real estate, and spouse receives the first $25,000 of the personal property, plus 1/2 of the remaining personal property, while the parent or parents receive the other 1/2 of the personal property. If the decedent leaves neither a spouse nor descendants surviving, the parent or parents take the entire estate. If the decedent is survived by a spouse, and brothers or sisters, or their descendants, but no parents, the spouse receives the entire estate. If the decedent is survived only by brothers or sisters, or their descendants, then they receive the entire estate. And finally, if the decedent is survived only by grandparents or by their descendants, the estate is divided 1/2 among the maternal grandparents and 1/2 among the paternal grandparents, and is distributed to their descendants if the grandparents are not surviving. (Section 29-13)
NORTH DAKOTA
A surviving spouse receives the entire estate, if the decedent left no surviving issue or parents. If the decedent left no surviving issue, but is survived by a parent or parents, or in the case where the decedent left surviving issue, all of whom are also issue of the surviving spouse, then the spouse takes the first $50,000, plus 1/2 of the balance of the estate. Where the decedent left surviving issue who are not also issue of the surviving spouse, the spouse takes 1/2 of the estate.
The share that does not pass to the surviving spouse, or in the case where there is no surviving spouse, the estate first passes to the issue of the decedent. If any children are deceased, but left children surviving, those grandchildren take the child's share. Likewise, more remote degrees take by representation. If the decedent left no descendants, then the estate goes to the parent or parents. If the decedent left neither descendants nor parents, then the estate goes to the brothers and sisters of the decedent or, if deceased, to their descendants by representation. Finally, if no one has yet taken the estate, it is divided, 1/2 among the maternal grandparents and 1/2 among the paternal grandparents and, if the grandparents are deceased, it passes to their descendants by representation. (Title 30.1 Section 2-102,2-103)
OHIO
The surviving spouse takes the entire estate if the decedent left no children or lineal descendants. If the decedent is survived by one child or the child's descendants, then the spouse takes the first $60,000, if the spouse is also the parent of the child. If the spouse is not the parent of the child, then the spouse takes the first $20,000, plus 1/2 of the balance of the estate in either case. If the decedent left more than one child or descendants surviving, then the surviving spouse takes the first $60,000, if the spouse is also the parent of one of the children. If the spouse is not the parent of any of the children, then the spouse takes the first $20,000, plus 1/3 of the balance, in both cases. (Section 2105.06) The spouse is entitled to receive one automobile from the estate. (Section 2106.18)
The share that does not pass to the surviving spouse, or in the case where there is no surviving spouse, passes first to the children of the decedent, or to the descendants if a child is deceased. If there are no descendants surviving, the estate passes to the parents or to the survivor. Next, the estate is distributed to the brothers and sisters of the decedent, or to the descendants of any deceased brothers or sisters. If no one has yet taken the estate, 1/2 goes to the maternal grandparents and 1/2 to the paternal grandparents. If all grandparents are deceased, their 1/2 goes to their lineal descendants. Next, any unclaimed estate goes to the next of kin of closest degree. However, no inheritance by representation is allowed to anyone more remote than a descendent of a grandparent. Finally, if no one has inherited the estate, it would pass to the stepchildren or their descendants. (Section 2105.06) When those who inherit are all of equal degree, they take in equal shares. When in unequal degree, they take by representation. (Section 2105.12,13)
OKLAHOMA
The surviving spouse takes the entire estate if the decedent left no issue, parents or brothers or sisters surviving. If the decedent left parents or brothers or sisters surviving, the spouse takes all property acquired during marriage by joint efforts, and 1/3 of the balance of the estate. If the decedent left issue surviving, and the issue are also issue of the surviving spouse, the spouse takes 1/2 of the entire estate. If the issue are not all issue of the surviving spouse, then the spouse takes 1/2 of property acquired during marriage by joint effort, and an equal part in property not acquired in the marriage by joint efforts, along with living children and the issue of deceased children.
The remaining share, or the entire share if there was no surviving spouse, goes to the decedent's issue in equal shares if all in the same degree, otherwise by representation. If the decedent left no issue surviving, then the share passes to the parents. If the decedent left neither issue nor parents surviving, then it passes to the decedent's brothers and sisters by representation. If no one has yet claimed the estate, then 1/2 goes to the paternal grandparents and 1/2 to the maternal grandparents or, if deceased, to their issue (aunts, uncles, cousins). Finally, if no one has claimed the estate, it is paid to the next of kin in the closest degree. (Section 84-213)
OREGON
The surviving spouse takes the entire estate, if all the surviving issue of the decedent are also the issue of the surviving spouse. If the decedent left any issue surviving who are not also issue of the surviving spouse, then the spouse takes 1/2 the estate and the other 1/2 goes to the children, by representation. If the decedent left no issue surviving, then the spouse takes the entire estate and, likewise, if the decedent is not survived by a spouse, then the decedent's issue takes the entire estate.
If the decedent left neither a surviving spouse nor any descendants, then the estate passes in the following order, with each class taking to the exclusion of later classes: Parents, brothers and sisters, or, if deceased, their children by representation; if no brothers or sisters survive, the nieces and nephews take the estate in equal shares and, if any of the nieces and nephews are deceased, their children take by representation. Next, the estate goes to the grandparents and, if none of the grandparents survive, the aunts and uncles will inherit in equal shares or, if deceased, their children will take by representation. (Section 112.025-045)
PENNSYLVANIA
The surviving spouse takes $30,000, plus 1/2 of the balance of the estate, if the decedent left issue surviving who are also issue of the surviving spouse, or a parent surviving. The spouse is entitled to 1/2 of the estate if the decedent is survived by issue, any of whom are not also issue of the surviving spouse. Lastly, if the decedent is survived by neither issue nor parents, the spouse is entitled to the entire estate. (Section 20-2102)
The share of the estate which does not pass to the surviving spouse, or in the case where there is no surviving spouse, passes to the following relatives, with each class taking to the exclusion of later classes: first to the issue of the decedent, by representation, next to the parents or to the surviving parent, next to the brothers and sisters of the decedent or, if any are deceased, their issue. If at least one grandparent survives, the estate is divided 1/2 among the paternal grandparents and 1/2 among the maternal grandparents and, if any of them are deceased, it passes to their issue. Finally, if no grandparents survive, the estate passes to aunts, uncles, or, if deceased, to their issue. More remote degrees of relatives generally take their shares by representation of their parents. However, where all beneficiaries entitled to inherit are of the same degree, they take equally. In other words, if all the aunts and uncles have died, but first cousins are surviving, the first cousins will take in equal shares, rather than by representation through their respective parent. (Section 20-2103, 2104)
RHODE ISLAND
Where a person dies without a Will, the surviving spouse is entitled to a life estate in all of the real estate owned by the decedent. If the decedent left no issue surviving, then the spouse may also be entitled to obtain real estate outright up to the amount of $75,000. If the decedent did leave issue surviving, then the spouse takes 1/2 of the personal property. Otherwise, the spouse takes the first $50,000 of the estate and then 1/2 of the remainder of the estate. The spouse must file an application within six months after first publication of notice. (Section 33-1-5,6,10)
The share that does not pass to the surviving spouse, or if there is not a surviving spouse, passes first to the decedent's children or descendants of deceased children. If no descendants survive, the estate passes to the decedent's parents or to the survivor. Next, the estate will be distributed to the brothers and sisters of the decedent or the descendants of those brothers or sisters who have died. Finally, if no one has claimed the estate, it is divided 1/2 among the paternal grandparents and 1/2 among the maternal grandparents and, if they are not surviving, to the aunts and uncles or the descendants of deceased aunts and uncles. The scheme continues on to more remote relatives. If no relatives can be found, the entire estate goes to the surviving spouse or, if not surviving, to the surviving spouse's next of kin in the same manner. More remote generations will inherit by representation, as defined above. (Section 33-1-1,2,10)
SOUTH CAROLINA
When a person dies without a Will, the surviving spouse is entitled to the entire estate, if the decedent left no surviving issue. If the decedent left surviving issue, then the surviving spouse is entitled to 1/2 of the estate. (Section 62-2-102)
The share not passing to the surviving spouse, or, in the case where there is no surviving spouse, passes first to the issue of the decedent. Those of the same degree take equally, but if a more remote descendent takes a share because of the death of their parent, they take by representation. If the decedent left no surviving issue, then the share goes to the decedent's parents or the survivor. Next, the estate passes to the decedent's brothers or sisters, or, if deceased, to their issue, by representation. If no one has yet claimed the estate, next it is divided 1/2 among the maternal grandparents and 1/2 among the paternal grandparents, and, if any of them are deceased, it passes to their issue by representation. Next, the share passes on to the great grandparents, or, if they are not surviving, to their issue, in the same manner as with the grandparents. Lastly, if no one has claimed the estate, it passes to stepchildren, or to issue of any stepchildren who are deceased, by representation. (Section 62-2-103)
SOUTH DAKOTA
When a person dies without a Will, the spouse may inherit under the intestate succession laws which provide that the spouse would take the first $100,000, plus half of the balance of the estate, where the decedent was survived by one or more descendants who are not descendants of the surviving spouse. In the event there were no children or descendants surviving, the spouse takes the entire estate. This is also the case where the surviving descendants are also descendants of the surviving spouse. (Section 29A-2-102)
The share that does not pass to the surviving spouse, or in the case where there is no surviving spouse, passes first to the surviving children and/or the issue of any deceased children. If the survivors are all of the same degree, they take in equal shares. If they are not of the same degree, the more remote descendants take by representation. Next, the estate would pass to the surviving parents or parent. If neither descendants nor parents survive, the estate is distributed to the brothers and sisters, or, if they are deceased, to their issue, by representation. Finally, if no one has claimed the estate, it is distributed 1/2 to the maternal grandparents and 1/2 to the paternal grandparents, or, if deceased, to their descendants, by representation. (Section 29A-2-103)
TENNESSEE
When a person dies without a Will, the surviving spouse is entitled to the entire estate, if the decedent left no issue surviving. If the decedent left issue surviving, the spouse is entitled to a child's share (see below), but, in any event, this share cannot be less than 1/3 of the entire estate. The surviving spouse also is entitled to certain homestead rights and a support allowance. (Section 31-1-105)
The share that does not pass to the surviving spouse, or in the case where there is no surviving spouse, passes first to the decedent's children in equal shares, and if any children are deceased, their descendants take by representation. Next, the estate is distributed to the parents or to the survivor. Next, the estate goes to the brothers and sisters in equal shares, with the issue of any deceased brothers or sisters taking by representation. Finally, if no one has claimed the estate, 1/2 goes to the paternal grandparents and 1/2 goes to the maternal grandparents, or, if not surviving, to their issue (i.e. aunts, uncles, cousins), by representation. (Section 31-2-104)
TEXAS
The surviving spouse is entitled to take 1/3 of the decedent's separate real estate for life and is entitled to 1/3 of the personal property outright, in the case where the decedent left issue surviving. If the decedent left no issue surviving, but did leave one or more parents surviving, or brothers, sisters, nieces or nephews surviving, then the surviving spouse is entitled to 1/2 of the real estate for life and all of the personal property outright. The surviving spouse is entitled to the entire estate of separate property when the decedent leaves neither surviving issue, parents, brothers or sisters or their descendants. (Section 38[b]) As for community property, the entire community estate passes to the surviving spouse when the decedent leaves no issue surviving. If the decedent did leave issue surviving, then the surviving spouse is entitled to 1/2 of the community estate and the other 1/2 passes to the children, or, if deceased, to their descendants, by representation. (Section 45) Alternatively, a married couple may agree in writing that all or part of the community estate will pass to the surviving spouse. (Section 451-462)
Where there is no surviving spouse, the separate property of the decedent passes first to the children, or, if deceased, to their descendants. Next, the estate passes to the decedent's parents, but if only one parent survives then the other 1/2 of the estate passes to the brothers and sisters of the decedent, or, if deceased, to their descendants. If there are no brothers or sisters or descendants, the entire estate passes to the surviving parent. Next, if no one has claimed the estate, it passes to the brothers and sisters of the decedent and their descendants. Finally, if no one has claimed the estate, it is divided equally between the paternal and maternal grandparents. If only one grandparent survives, 1/2 goes to the survivor and 1/2 goes to the descendants of the deceased grandparent, if any. If there are no surviving grandparents, the estate is divided among the grandparents' descendants. Lastly, the estate would be distributed in the same manner to the nearest lineal ancestors and through their descendants. (Section 39 [a])
UTAH
When a person dies without a Will, the surviving spouse is entitled to the entire estate if the decedent left no surviving issue or parents. The surviving spouse is entitled to the first $50,000, plus 1/2 of the balance of the estate, in the case where the decedent left no issue, but is survived by either parent, or where the decedent is survived by issue whom are also issue of the surviving spouse. When the decedent leaves issue surviving whom are not also issue of the surviving spouse, then the spouse is entitled to 1/2 of the intestate estate.
The share not passing to the surviving spouse, or in the case where there is no surviving spouse, passes first to the issue of the decedent. If the surviving issue are all of the same degree of relation, they take equally. If they are of unequal degrees, the more remote generations take by representation. If no issue survive, then the estate is distributed to the decedent's parents or the survivor. When there are neither issue nor parents surviving, the estate goes to the brothers and sisters of the decedent, or, if any are deceased, to their descendants, by representation. Finally, if no one has claimed the estate, it is divided 1/2 among the paternal grandparents and 1/2 among the maternal grandparents. If the grandparents are deceased, it passes down to the descendants of the grandparents with those of the same degree of relation taking in equal shares, and more remote degrees taking by representation. In other words, a more remote descendant inherits their deceased parents share, but only if their parent was entitled to inherit a share. (Section 75-1-101 et seq.)
VERMONT
When a person dies without a will, the surviving spouse is entitled to all of the decedent's wearing apparel. The spouse also receives other personal property, as determined by the probate court, which may not be less than 1/3 of the total personal property after payments of debts. (Section 14-401) The spouse is also entitled to 1/3 of the decedents real estate. (Section 14-461-74) However, if the decedent left only one heir surviving and that heir is also issue of the surviving spouse, then the surviving spouse takes 1/2 of the real estate. Alternatively, the spouse can decline to take the statutory share and the spouse may instead elect to take the first $25,000 of the entire estate and 1/2 of the remainder. This provision applies where the decedent left no issue surviving. (Section 14-551)
The share not distributed to the surviving spouse, or in the case where there is no surviving spouse, passes in the following order, with each class taking to the exclusion of later classes: first to the children of the decedent and, if any of them are deceased, to their issue; next, to the parents of the decedent or the survivor; next, to the brothers or sisters of the decedent, or, if any are deceased, to their children. (Those of the same degree take in equal shares and those taking through a deceased parent take by representation.) Lastly, the estate is distributed to next of kin, however descendants do not inherit by representation. (Section 14-551)
VIRGINIA
When a person dies without a Will, there are two different rules, depending on whether real estate or personal property is involved. Regarding real estate, the surviving spouse takes the entire estate, unless one or more of the decedent's children are not also children of the surviving spouse. In that case, the spouse takes 1/3 of the real estate and 2/3 passes to the children. If there is no surviving spouse, the share passes to the children and/or to the descendants of a deceased child. Next, the estate is distributed to the parents, or to the survivor, and, after that, it goes to the decedent's brothers and sisters, or, if deceased, to their descendants. If no one has yet claimed the estate, it is divided 1/2 among the maternal grandparents and 1/2 among the paternal grandparents. If they are not surviving, it goes to the decedent's aunts and uncles, or, if deceased, to their descendants. This scheme continues in the same way, passing next to great grandparents, great aunts and uncles and their descendants and, lastly, to the nearest lineal descendants. If there are no lineal descendants, it passes to the next of kin of the decedent's spouse.
The distribution of the personal property is the same as real estate, except as it pertains to the surviving spouse. If the decedent left descendants who are all descendants to the surviving spouse, the spouse is entitled to all of the personal property. If the decedent left any descendants who are not also descendants of the surviving spouse, then the spouse is entitled to 1/3 of the personal property, with the balance passing to the descendants. (Section 64.1-11)
WASHINGTON
Since Washington is a community property state, 1/2 of any community property or quasi-community property goes to the surviving spouse. If the decedent is survived by issue, then the spouse receives all of the decedent’s net community and quasicommunity property, as well, plus 1/2 of the separate property of the decedent. In the case where the decedent has no surviving issue, but is survived by a parent or parents, or descendant’s of the parents, the spouse receives 3/4 of the separate property, plus all of the decedent’s net community and quasi-community property. If the decedent left neither issue nor parents nor descendant’s of parents surviving, then the surviving spouse is entitled to the entire estate. (Section 11.04.015).
The share of the estate that is not distributed to the surviving spouse, or where there is no surviving spouse, is distributed first to the issue of the decedent. If no descendants survive, then the estate is distributed to the parents or the survivor. If both parents are deceased, it is distributed to the decedent’s brothers and sisters, or to the issue of any deceased brothers or sisters. If no one has yet claimed the estate, it would be distributed 1/2 to the maternal grandparents and 1/2 to the paternal grandparents, and, if they are deceased, would pass to their issue (aunts, uncles, cousins). Within each of the groups mentioned above, those of the same degree of relation share equally in the estate, but if a member of the class is deceased, the deceased children will take the share by representation. (Section 11.04.015).
WEST VIRGINIA
When a person dies without a Will, the surviving spouse is entitled to the entire estate if the decedent left no surviving descendants, or if the surviving descendants are also descendants of the surviving spouse. If the decedent left descendants surviving who are also descendants of the surviving spouse, but the surviving spouse also has descendants surviving by a different partner, then the spouse is entitled to 3/5 of the estate. In the case where the decedent left any descendants surviving who are not also descendants of the surviving spouse, the spouse is entitled to 1/2 of the estate. (Ch. 42, Art. 1, Section 3).
The share that does not pass to the surviving spouse, or in the case where there is no surviving spouse, passes first to the decedent’s descendants by representation. If no descendants survive, it is distributed to the decedent’s parents or the survivor, or, if both are deceased, to the decedent’s brothers or sisters, or to their descendants if any of the brothers and sisters are deceased. Finally, if no one has claimed the estate, it is divided 1/2 among the maternal grandparents and 1/2 among the paternal grandparents and it is distributed to their descendants, by representation, if they are deceased. (Ch. 42, Art. 1, Section 3a).
WISCONSIN
As to real estate, the surviving spouse takes the entire estate if the decedent left no surviving issue, or if the surviving issue are also issue of the surviving spouse. If the decedent left issue surviving, any of whom are not also issue of the surviving spouse, then the spouse takes 1/2 of the property other than marital property. The decedent’s surviving issue take the share of the estate that did not pass to the surviving spouse, or, in the case where there is no surviving spouse, the entire estate. Those issue in the same degree of relationship take equal shares, but if a member of the class is deceased and left descendants, the descendants take by representation. If the decedent left neither a surviving spouse nor descendant, then the property passes first to the decedent’s parents or the survivor, next to the decedent’s brothers and sisters, or, if any are deceased, to their descendants, by representation. Next, the unclaimed estate passes to the decedent’s grandparents, and, finally, to next of kin of closest degree. (Section 852).
WYOMING
When a person dies without a Will and leaves a spouse surviving, but no descendants surviving, then the spouse takes the entire estate. If the decedent leaves both a spouse and descendants surviving, then 1/2 goes to the surviving spouse with the rest to the surviving children, or, if deceased, to their descendants. If the decedent left no surviving spouse, then the estate is distributed to the children, or to any deceased child’s descendants, by representation. In the case where neither a spouse nor descendants survive, then the estate is distributed to the decedent’s parents or the survivor. If both are deceased, the estate passes to the decedent’s brothers and sisters, or to the descendants of any deceased brothers and sisters, by representation. If no one has yet claimed the estate, then it is distributed to the decedent’s grandparents. If they are deceased, it continues down to their lineal descendants, e.g. the descendant’s aunts and uncles, and, if they are deceased, to the cousins. (Section 2-4-101).

This is not a substitute for legal advice. An attorney must be consulted.
Copyright © 2021 by LAWCHEK, LTD.