Answer four questions and see exactly who inherits under your state's law, with the spousal share, current dollar thresholds, and the governing statute cited. These are the general rules, not legal advice.
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When someone dies without a valid will, state law decides who inherits. Every state uses roughly the same priority ladder: surviving spouse first, then children and their descendants, then parents, then siblings, then more distant relatives.
The hard part is the spouse's share when children or parents also survive. That is where states differ wildly: some give the spouse everything, some give a flat half, and many give a dollar amount first (anywhere from $20,000 in Missouri to $431,000 in Colorado) plus a fraction of the rest.
Blended families change the math in most states. If the deceased had a child from another relationship, the spouse's share usually drops, and in community property states like Texas and Arizona the deceased's half of the community property can flip entirely to the children.
Intestacy only controls probate assets. A large share of most estates passes outside it, regardless of what the calculator above says:
In Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, property acquired during the marriage is generally community (or marital) property: each spouse owns half. Intestacy only distributes the deceased's half, plus separate property.
The traps live in the details. In Texas and Arizona, if the deceased left a child from another relationship, the deceased's half of the community property goes to the children, not the spouse. In Louisiana, children take ownership of the deceased's community half while the spouse keeps only a usufruct (a right to use it) that ends on remarriage.
The calculator flags these rules state by state, with the statute cited.
In almost every state, stepchildren who were never adopted and unmarried partners inherit nothing under intestacy, no matter how long the relationship lasted. A handful of states (California among them) make narrow exceptions for stepchildren in limited circumstances.
Most states treat half-siblings the same as full siblings, and legally adopted children exactly like biological children. A few states reduce half-siblings to half shares.
Most states require an heir to outlive the deceased by 120 hours (five days) to inherit, which prevents two estates from passing through each other after a common accident.
If no spouse or relatives can be located, the estate escheats: it goes to the state. Courts look hard for relatives first, including distant cousins and, in several states, relatives of a predeceased spouse and even stepchildren before escheat.
The table shows the two highest-volume scenarios. Open the calculator above for parents, siblings, blended-family and community property variations, plus the estate-value math. For the full statute-cited reference table, see intestate succession by state.
| State | Spouse's share, all children shared | Spouse's share, child from another relationship | Statute |
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Intestacy is the law's default guess, and it ignores stepchildren, partners, and friends entirely. AI Lawyer drafts a will, explains your state's rules in plain English, and flags when your situation needs a human attorney.
Try AI Lawyer free →Only in some scenarios. With no children and no surviving parents, the spouse takes everything in most states. With children, the spouse takes everything in fewer than half the states, and only when all the children are also the spouse's. With a child from another relationship, the spouse's share drops almost everywhere.
Whatever is left after the spousal share, divided equally among the children, with a deceased child's share passing to that child's own children. If there is no surviving spouse, the children divide the entire probate estate.
Not unless they were legally adopted, in nearly every state. A few states let stepchildren inherit only at the very end of the line, just before the estate would escheat to the state.
No. Intestacy statutes recognize legal spouses (and in some states registered domestic partners), not unmarried partners. This is the single biggest reason cohabiting couples need wills.
Parents come next in most states, then siblings and their descendants, then grandparents, aunts, uncles, and cousins. A few states (Illinois, Mississippi, Missouri, Wyoming) put parents and siblings in one class that shares together.
The spouse already owns half of the community property. The deceased's half usually goes to the spouse too, except in blended-family situations in states like Texas and Arizona, where it goes to the children. Separate property follows its own split.
The estate escheats to the state. This is rare; courts and administrators search for heirs first, and most states reach distant cousins, and sometimes a predeceased spouse's relatives, before escheat.
Yes. Real estate is governed by the law of the state where it sits, so an estate can follow two different intestacy schemes at once. That is a common reason to consult a probate attorney.
Information only, not legal advice. Intestate succession statutes change, dollar figures in several states adjust annually, and many estates include assets that pass outside intestacy. Verify the cited statute or talk to a probate attorney before relying on this. Compiled and verified June 2026.
