What Happens If You Die Without a Will by State
Every US state has an intestacy statute that decides who inherits when there's no will. The rules vary substantially — particularly for blended families and surviving spouses. Pick your state for the specifics.
| State | Spouse, no children | Spouse and children | Intestacy statute |
|---|---|---|---|
| California | Spouse inherits the entire intestate estate. | Community property: spouse takes the decedent's 1/2 (so the spouse keeps 100% of community property). Separate property: with one child or issue of one deceased child, spouse takes 1/2 and the child takes 1/2; with two or more children, spouse takes 1/3 and children share 2/3 by representation. | Cal. Prob. Code §6400 et seq. |
| Texas | Spouse takes all community property and all personal separate property; spouse takes 1/2 of separate real property in fee. If no parents, siblings, or descendants of siblings survive, spouse takes the entire estate. | Community property: if all of the decedent's children are also the surviving spouse's children, spouse takes all community property; if any child is from a different relationship, the decedent's 1/2 of community property passes to the children. Separate property: spouse gets 1/3 of personal property plus a life estate in 1/3 of real property; children take the remaining 2/3 of personal property and the remainder interest in the real property. | Tex. Est. Code §201.001 et seq. |
| Florida | Entire intestate estate to the surviving spouse. | If all of the decedent's descendants are also descendants of the surviving spouse, and the spouse has no other descendants: entire estate to the spouse. Otherwise (blended families): spouse gets 1/2; descendants share 1/2 per stirpes. | Fla. Stat. §732.101 et seq. |
| New York | Spouse takes the entire estate. | Spouse takes the first $50,000 plus 1/2 of the residue; issue take the balance by representation. Applies regardless of whether the children are also the spouse's (no blended-family carve-out). | N.Y. EPTL §4-1.1 |
| Pennsylvania | Spouse takes the entire estate, but only if no issue and no parent survives. If a parent survives but no issue, spouse takes the first $30,000 plus 1/2 of the balance. | If all surviving issue are also issue of the surviving spouse: spouse takes the first $30,000 plus 1/2 of the balance; issue take the rest. If any issue of the decedent is not also issue of the surviving spouse: spouse takes 1/2 of the estate (no $30,000 allowance); issue take 1/2. | 20 Pa.C.S. §2101 et seq. |
| Illinois | Spouse takes the entire estate if no descendants survive. | Spouse takes 1/2; descendants take 1/2 per stirpes. No blended-family carve-out and no off-the-top dollar amount. | 755 ILCS 5/2-1 |
| Ohio | Spouse takes the entire estate if no children or lineal descendants survive. | If there is one child and the spouse is the natural or adoptive parent of that child: spouse takes the entire estate. If one child who is not the spouse's child: spouse takes the first $20,000 plus 1/2 of the balance; child takes the rest. If multiple children and the spouse is parent of all: spouse takes the entire estate. If multiple children and the spouse is parent of some but not all: spouse takes the first $60,000 plus 1/3 of the balance. If multiple children and the spouse is parent of none: spouse takes the first $20,000 plus 1/3 of the balance. | Ohio Rev. Code §2105.06 |
| Georgia | Spouse is sole heir if no children or descendants survive. | Spouse shares equally with children per capita, with descendants of deceased children taking per stirpes — but the spouse's share is never less than 1/3. So with 1 or 2 kids, the spouse gets 1/2 or 1/3; with 3+ kids, the spouse still gets 1/3 and the children split the remaining 2/3. | O.C.G.A. §53-2-1 |
| North Carolina | Spouse takes the entire estate (real and personal) if no children, descendants, or parents survive. | Real property: with one child or descendants of one deceased child, spouse gets a 1/2 undivided interest; with two or more children, spouse gets a 1/3 undivided interest. Personal property: with one child, spouse gets the first $60,000 plus 1/2 of the balance; with two or more children, spouse gets the first $60,000 plus 1/3 of the balance. | N.C. Gen. Stat. §29-14 et seq. |
| Michigan | Spouse takes the entire intestate estate if no descendants and no parents survive. | Statutory base amounts (inflation-adjusted annually): if all of the decedent's descendants are also the spouse's, and the spouse has no other descendants, the spouse gets the first $150,000 plus 1/2 of the balance. If 1 or more descendants are not the spouse's, the spouse gets the first $100,000 plus 1/2 of the balance. Descendants take the rest by representation. The headline base figures are adjusted yearly — the actual current numbers are higher. | Mich. Comp. Laws §700.2101 et seq. (EPIC) |
| Alabama | Spouse inherits the entire intestate estate (Ala. Code §43-8-41(1)). | If all the decedent's children are also children of the surviving spouse, the spouse takes the first $50,000 in value plus one-half of the balance, and the children share the remaining half by representation. If one or more children are not the surviving spouse's, the spouse takes one-half of the estate and the children take the other half (Ala. Code §43-8-41(3)-(4)). | Ala. Code §43-8-40 et seq. |
| Alaska | Spouse inherits the entire intestate estate (Alaska Stat. §13.12.102(a)(1)). | If all the decedent's descendants are also the surviving spouse's and the spouse has no other descendants, the spouse takes the entire estate. If all the decedent's descendants are shared but the spouse has other descendants of their own, the spouse takes the first $150,000 plus one-half of the balance. If one or more of the decedent's descendants are not the spouse's, the spouse takes the first $100,000 plus one-half of the balance; the descendants share the remainder by representation (Alaska Stat. §13.12.102). | Alaska Stat. §13.12.101 et seq. |
| Arizona | Spouse inherits the entire intestate estate — all community property and all separate property (Ariz. Rev. Stat. §14-2102(1)). | If all the decedent's descendants are also the surviving spouse's, the spouse takes the entire intestate estate. If one or more descendants are not the spouse's, the spouse takes one-half of the decedent's separate property and no share of the decedent's one-half of the community property; the descendants take the other half of separate property plus all of the decedent's half of community property, by representation (Ariz. Rev. Stat. §14-2102). | Ariz. Rev. Stat. §14-2101 et seq. |
| Arkansas | With no descendants and no parents, the surviving spouse takes the entire heritable estate — but only if the couple was continuously married at least three years. If married less than three years, the spouse takes 50% and the remainder passes to the decedent's more distant heirs (Ark. Code §28-9-214). | The children (and the descendants of any deceased child) inherit the entire heritable estate by representation. The surviving spouse takes no intestate share when descendants survive; the spouse instead receives dower or curtesy — a life estate in one-third of the decedent's real property and one-third of the personal property outright — plus homestead rights (Ark. Code §§28-9-214, 28-11-301 et seq.). | Ark. Code §28-9-201 et seq. (table of descents, §28-9-214). |
| Colorado | Spouse inherits the entire intestate estate. | If all of the decedent's surviving descendants are also descendants of the surviving spouse and the spouse has no other descendants, the spouse takes the entire estate. If all the children are shared but the spouse has other children from another relationship, the spouse takes the first $225,000 plus one-half of the balance. If one or more of the decedent's children are not the spouse's, the spouse takes the first $150,000 plus one-half of the balance, and the descendants take the rest per capita at each generation. (These dollar amounts are adjusted for inflation under C.R.S. §15-10-112, so the current figures are higher.) | C.R.S. §15-11-101 et seq. (share of spouse §15-11-102) |
| Connecticut | Spouse inherits the entire intestate estate. | If all of the surviving children are also children of the surviving spouse, the spouse takes the first $100,000 plus one-half of the balance, and the children take the remainder equally (a deceased child's share passing to that child's issue). If one or more of the children are not the surviving spouse's, the spouse takes one-half of the estate and the children take the other half. | Conn. Gen. Stat. §45a-437 et seq. |
| Delaware | Spouse inherits the entire intestate estate (when no descendant and no parent survives). | If all the surviving children are also the spouse's, the spouse takes the first $50,000 of the intestate personal estate plus one-half of the balance of the personal estate, plus a life estate in the intestate real estate; the children take the remaining personal property and the real estate subject to the spouse's life estate. If one or more children are not the spouse's, the spouse takes one-half of the intestate personal estate (no $50,000 preference) plus a life estate in the real estate; the children take the rest. | 12 Del. C. §501 et seq. (share of spouse §502) |
| Hawaii | Spouse (or reciprocal beneficiary) inherits the entire intestate estate. | If all of the decedent's surviving descendants are also the spouse's and the spouse has no other descendants, the spouse takes the entire estate. If all the children are shared but the spouse has other descendants from another relationship, the spouse takes the first $330,000 plus one-half of the balance. If one or more of the decedent's descendants are not the spouse's, the spouse takes the first $220,000 plus one-half of the balance, and the descendants take the rest by representation. | HRS §560:2-101 et seq. (share of spouse §560:2-102) |
| Idaho | If there is no surviving issue and no surviving parent, the spouse inherits the entire intestate estate (all community and all separate property). | Community property: the decedent's one-half of community property passes to the surviving spouse, so the spouse keeps 100% of community property. Separate property: the spouse takes one-half and the issue take the other half by representation. Idaho does NOT reduce the spouse's share in blended families — the spouse gets half of the separate property whether or not the children are also the spouse's (Idaho Code §15-2-102). | Idaho Code §15-2-102 et seq. |
| Indiana | If there is no surviving issue and no surviving parent, the surviving spouse inherits the entire net estate. | With one child (or that child's descendants), the spouse takes one-half and the child takes one-half. With two or more children, the spouse takes one-half and the children share the remaining one-half by representation. Blended-family rule: if the surviving spouse is a second or later spouse who had no children with the decedent, and the decedent left children (or their descendants) from a prior relationship, that spouse takes only one-fourth of the fair market value of the decedent's real property (minus liens) but still takes a normal share of the personal property (Ind. Code §29-1-2-1). | Ind. Code §29-1-2-1 |
| Iowa | If there is no surviving issue, the surviving spouse inherits the entire estate (Iowa Code §633.211). Parents do not share when a spouse survives. | If all of the decedent's surviving children are also children of the surviving spouse, the spouse takes the entire estate (Iowa Code §633.211). If one or more children are NOT the surviving spouse's, the spouse takes one-half of the decedent's real property, all exempt personal property, and one-half of the remaining personal property after debts — but the spouse's total share must equal at least $50,000; the children take the rest by representation (Iowa Code §633.212). | Iowa Code §633.210 et seq. |
| Kansas | If there is no surviving issue, the surviving spouse inherits the entire estate (K.S.A. §59-505). The decedent's parents do not share. | The surviving spouse takes one-half of the estate and the children (or their descendants) take the other half by representation (K.S.A. §59-504). Kansas does not reduce the spouse's share in blended families. | Kan. Stat. Ann. §59-504 et seq. |
| Kentucky | The spouse takes the dower/curtesy one-half, and because no children, parents, or siblings survive to take the surplus, the rest also passes to the spouse under KRS 391.010 — so the spouse ends up with the entire estate. | The surviving spouse takes an absolute one-half of the decedent's real estate and one-half of the surplus personal property as dower or curtesy (KRS 392.020). The other half passes to the children and their descendants by representation (KRS 391.010, 391.030). | Ky. Rev. Stat. §391.010 et seq. (with dower/curtesy under §392.020) |
| Louisiana | With no descendants, no parents, and no siblings surviving, the spouse takes the community property (art. 889) and also succeeds to the separate property (art. 894) — effectively the entire estate. | Community property: the decedent's one-half passes to the children, but the surviving spouse receives a usufruct (life-use, ending at the spouse's death or remarriage) over it (arts. 888, 890). Separate property: passes to the children outright, with no spousal usufruct (art. 888). The spouse takes no ownership when there are children — only the usufruct over the decedent's community share. | La. Civ. Code art. 880 et seq. (arts. 888–902) |
| Maine | If no descendant and no parent of the decedent survives, the spouse inherits the entire intestate estate. If a parent survives but there is no descendant, the spouse takes the first $300,000 plus three-quarters of the balance (18-C §2-102). | If all of the decedent's surviving descendants are also the surviving spouse's, and the spouse has no other descendants, the spouse takes the entire estate. If all the decedent's descendants are the spouse's but the spouse also has other descendants, the spouse takes the first $100,000 plus one-half of the balance. If one or more of the decedent's descendants are not the surviving spouse's (a blended family), the spouse takes one-half and the descendants share the other half (18-C §2-102). Note: the dollar thresholds are adjusted annually for inflation. | 18-C M.R.S. §2-101 et seq. |
| Maryland | With no surviving descendants and no surviving parents, the spouse inherits the entire estate. Since October 2023, the spouse also takes the entire estate when the decedent leaves parents but no descendants (Est. & Trusts §3-102). | If there is a surviving minor child, the spouse takes one-half and the children share one-half. If there is no minor child but there is a child who is not also the surviving spouse's child, the spouse takes the first $100,000 plus one-half of the remainder and the children take the rest. If all surviving children are also the spouse's children (and none are minors), the spouse takes the entire estate (Est. & Trusts §3-102, as amended in 2023). | Md. Code, Est. & Trusts §3-101 et seq. |
| Massachusetts | If there are no surviving descendants and no surviving parent, the spouse inherits the entire intestate estate. | If all of the decedent's surviving descendants are also descendants of the surviving spouse and the spouse has no other descendants, the spouse takes the entire estate. In a blended family (the decedent has a child who is not the spouse's, or the spouse has a child who is not the decedent's), the spouse takes the first $100,000 plus one-half of the balance, and the descendants take the rest per capita at each generation. | Mass. Gen. Laws ch. 190B, §2-101 et seq. |
| Minnesota | If there are no surviving descendants, the spouse inherits the entire intestate estate — in Minnesota the spouse takes everything even if the decedent's parents are still living. | If all of the decedent's surviving descendants are also descendants of the surviving spouse and the spouse has no other descendants, the spouse takes the entire estate. In a blended family, the spouse takes the first $225,000 plus one-half of the balance, and the descendants take the rest by representation. | Minn. Stat. §524.2-101 et seq. |
| Mississippi | If there are no children or descendants of children, the surviving spouse inherits the entire estate in fee simple (after debts). | The spouse and the children take equal shares, with the spouse counting as one child ('a child's part'): with one child the spouse takes 1/2, with two children 1/3, with three children 1/4, and so on. A deceased child's share passes to that child's descendants. This includes the decedent's children by a former marriage. | Miss. Code §91-1-1 et seq. |
| Missouri | If there are no surviving descendants, the spouse inherits the entire intestate estate. | If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the first $20,000 in value plus one-half of the balance, and the descendants share the rest. If one or more descendants are not also the spouse's, the spouse takes one-half of the estate (no $20,000 preference) and the descendants take the other half. | Mo. Rev. Stat. §474.010 et seq. |
| Montana | If there is no descendant and no parent of the decedent, the surviving spouse inherits the entire intestate estate. | If all of the decedent's descendants are also descendants of the surviving spouse and the spouse has no other descendants, the spouse takes the entire intestate estate. If the spouse has other descendants (from another relationship) but all of the decedent's descendants are shared, the spouse takes the first $225,000 plus 1/2 of the balance, and the descendants share the rest. If the decedent has one or more descendants who are not the surviving spouse's, the spouse takes the first $150,000 plus 1/2 of the balance, and those descendants share the rest by representation (Mont. Code Ann. §72-2-112). | Mont. Code Ann. §72-2-112 et seq. |
| Nebraska | If there is no surviving descendant and no parent of the decedent, the surviving spouse inherits the entire intestate estate. | If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the first $100,000 plus 1/2 of the balance, and the descendants share the rest. If one or more of the decedent's descendants are not the surviving spouse's, the spouse takes 1/2 of the intestate estate and those descendants share the other 1/2 by representation (Neb. Rev. Stat. §30-2302). | Neb. Rev. Stat. §30-2302 et seq. |
| Nevada | If there is no issue, no parent, and no brother or sister, the surviving spouse inherits the decedent's entire separate estate (Nev. Rev. Stat. §134.050). | Community property: the decedent's 1/2 of community property vests in the surviving spouse, so the spouse keeps 100% of community property. Separate property: with one child (or the issue of one deceased child), the estate goes 1/2 to the spouse and 1/2 to the child; with two or more children (or a child plus issue of a deceased child), 1/3 goes to the spouse and 2/3 to the children in equal shares, by right of representation (Nev. Rev. Stat. §134.040). | Nev. Rev. Stat. §134.010 et seq. |
| New Hampshire | If there is no surviving issue and no parent of the decedent, the surviving spouse inherits the entire intestate estate. | If all of the decedent's surviving issue are also issue of the surviving spouse, and the spouse has no other issue, the spouse takes the first $250,000 plus 1/2 of the balance. If the surviving spouse has other issue (from another relationship) but all of the decedent's issue are shared, the spouse takes the first $150,000 plus 1/2 of the balance. If the decedent has one or more issue who are not the surviving spouse's, the spouse takes the first $100,000 plus 1/2 of the balance; the issue share the rest by representation (N.H. Rev. Stat. Ann. §561:1). | N.H. Rev. Stat. Ann. §561:1 |
| New Jersey | Spouse inherits the entire intestate estate (when no descendants and no parents survive). | If all of the decedent's descendants are also descendants of the surviving spouse and the spouse has no other descendants, the spouse takes the entire estate. In a blended family — where the decedent has descendants who are not the spouse's, or the spouse has other descendants — the spouse takes the first 25% of the estate (minimum $50,000, maximum $200,000) plus one-half of the remaining balance; the descendants take the rest by representation (N.J. Stat. §3B:5-3). | N.J. Stat. §3B:5-3 et seq. |
| New Mexico | Spouse inherits the entire intestate estate (both community and separate property) when no descendant of the decedent survives. | Community property: the decedent's one-half of community property passes to the surviving spouse, so the spouse ends up owning 100% of the community property. Separate property: the surviving spouse takes one-fourth of the decedent's separate property and the decedent's descendants take the remaining three-fourths by representation (N.M. Stat. §45-2-102, §45-2-103). New Mexico does not reduce the spouse's share for blended families — the one-fourth applies regardless. | N.M. Stat. §45-2-102 et seq. |
| North Dakota | Spouse inherits the entire intestate estate when no descendant and no parent of the decedent survives. | If all of the decedent's descendants are also descendants of the surviving spouse and the spouse has no other descendants, the spouse takes the entire estate. If the surviving spouse has other descendants (so the decedent's children could be cut out), the spouse takes the first $225,000 plus one-half of the balance. If the decedent has descendants who are not the surviving spouse's (a blended family), the spouse takes the first $150,000 plus one-half of the balance; the descendants take the rest by representation (N.D. Cent. Code §30.1-04-02). | N.D. Cent. Code §30.1-04-02 et seq. |
| Oklahoma | Spouse inherits the entire estate when the decedent leaves no issue and no parents, siblings, or their descendants (Okla. Stat. tit. 84, §213). | If all of the decedent's surviving children are also children of the surviving spouse, the spouse takes an undivided one-half of the entire estate and the children (and the issue of any deceased child, by representation) share the other one-half. In a blended family — where one or more children are not the surviving spouse's — the spouse takes an undivided one-half of the property acquired by the couple's joint industry during the marriage, plus an equal per-capita share with each child of the remaining (non-jointly-acquired) property (Okla. Stat. tit. 84, §213). | Okla. Stat. tit. 84, §213 |
| Oregon | Spouse inherits the entire net intestate estate (ORS 112.035). | If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the entire net intestate estate. If one or more of the decedent's descendants are not the spouse's, the spouse takes one-half and the descendants share the other half by representation (ORS 112.025). | ORS 112.015 et seq. |
| Rhode Island | If there are no descendants and no other kindred, the spouse inherits the entire estate. If there are no descendants but there is surviving kindred (such as parents or siblings), the spouse takes $50,000 plus one-half of the remaining personal property, and may petition the probate court within six months to receive up to $150,000 of the real estate outright — otherwise the spouse holds only a life estate in the real property (R.I. Gen. Laws §§33-1-6, 33-1-10). | Real property: it descends to the children (or their descendants by representation), subject to the surviving spouse's life estate — the spouse may use the real estate for life but does not own it outright. Personal property: the spouse takes one-half and the children share the other half (R.I. Gen. Laws §§33-1-5, 33-1-10). | R.I. Gen. Laws §33-1-1 et seq. |
| South Carolina | Spouse inherits the entire intestate estate (S.C. Code §62-2-102(1)). | Spouse takes one-half of the intestate estate; the children (issue) share the other one-half. If the issue are all of the same degree they take equally, otherwise those more remote take by representation (S.C. Code §§62-2-102(2), 62-2-103). | S.C. Code §62-2-101 et seq. |
| South Dakota | Spouse inherits the entire intestate estate (SDCL 29A-2-102(1)). | If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the entire intestate estate. If one or more of the decedent's surviving descendants are not descendants of the surviving spouse, the spouse takes the first $100,000 plus one-half of any balance, and the descendants take the remainder by representation (SDCL 29A-2-102). | SDCL 29A-2-101 et seq. |
| Tennessee | Spouse inherits the entire intestate estate. | The estate is divided among the spouse and children, but the spouse never gets less than a child's share or one-third of the estate, whichever is greater. With one child, spouse and child split 1/2 and 1/2. With two or more children, the spouse takes 1/3 and the children share the remaining 2/3 equally (a deceased child's share passing to that child's descendants by representation). | Tenn. Code Ann. §31-2-104 et seq. |
| Utah | Spouse inherits the entire intestate estate. | If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the entire estate. If one or more of the decedent's children are not the surviving spouse's children (a blended family), the spouse takes the first $75,000 plus one-half of the balance, and the descendants share the other half per capita at each generation. | Utah Code §75-2-102 et seq. |
| Vermont | Spouse inherits the entire intestate estate. | If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the entire estate. If the decedent left one or more descendants who are not the surviving spouse's descendants (and who aren't excluded by the will), the spouse takes one-half of the estate and the descendants take the other half by right of representation. | 14 V.S.A. §311 et seq. |
| Virginia | Spouse inherits the entire intestate estate. | If all of the decedent's children are also children of the surviving spouse, the spouse takes the entire estate. If one or more of the decedent's children (or their descendants) are not the surviving spouse's, then two-thirds passes to the decedent's children and their descendants and one-third passes to the surviving spouse. | Va. Code Ann. §64.2-200 et seq. |
| Washington | The spouse takes all community property plus all of the separate estate — 100% — if there is no surviving issue, parent, or issue of a parent. | Community property: the spouse takes the decedent's one-half, so the spouse ends up owning 100% of the community property. Separate property: the spouse takes one-half and the decedent's issue take the other half by representation, regardless of how many children there are. | RCW 11.04.015 et seq. |
| West Virginia | The surviving spouse inherits the entire intestate estate if the decedent leaves no descendants — even if the decedent's parents are still living. | If all of the decedent's surviving children are also children of the surviving spouse (and the spouse has no other children), the spouse takes the entire estate. If the spouse has surviving children who are not the decedent's, the spouse takes three-fifths. If any of the decedent's children are not children of the surviving spouse, the spouse takes one-half; the remainder passes to the decedent's descendants by representation. | W. Va. Code §42-1-3 et seq. |
| Wisconsin | The surviving spouse takes the entire intestate estate when there are no surviving descendants. | If all of the decedent's children are also children of the surviving spouse, the spouse takes the entire estate (including the decedent's one-half of marital property). If one or more children are NOT the surviving spouse's, the spouse takes one-half of the decedent's individual (non-marital) property only — the decedent's one-half of the marital property and the other half of individual property pass to the decedent's issue by representation. | Wis. Stat. §852.01 et seq. |
| Wyoming | If the decedent leaves a spouse but no child or descendant of a child, the entire estate passes to the surviving spouse. | The surviving spouse takes one-half of the estate; the remaining one-half passes to the surviving children and the descendants of any deceased child (by representation). The split is a flat 50/50 regardless of the number of children. | Wyo. Stat. §2-4-101 et seq. |
All 50 states are listed above. Intestacy statutes distribute only to relatives defined by the statute. They make no provision for an unmarried partner, a step-child who was not adopted, a friend, or a charity, and they do not name a guardian for minor children — a court appoints one under separate statutory criteria. Published pricing for a simple will runs $50–$1,500 depending on preparation route; see [Cost of a Will by State](/guides/will-cost-by-state/).
Want to understand wills first?
- Do I Need a Will? — what a will governs, and what the intestacy statutes do without one
- How to Write a Will (and What Makes It Valid)
- How Much Does a Will Cost with a Lawyer?
- Estate Planning Checklist
Educational information only — not legal advice. Always confirm current statutes and figures with a licensed attorney in your state.