{ "canonical_url": "https://planbeforeyoudie.app/tools/who-inherits-without-a-will", "columns": [ "code", "state", "complete", "passage_id", "category", "citation", "quote", "conditions", "official_url", "fact_slugs", "source_provenance_json", "checked_on", "next_check_on" ], "content_sha256": "e480095798dbcf8e396c5f8e5e1f8bed91a3901e9b120ad6b7e6337acee17845", "dataset_version": "1", "license": "https://creativecommons.org/licenses/by/4.0/", "name": "Intestate succession statutory passages by state", "note": "General information, not legal advice. Each row links to the official source we checked.", "publisher": "Plan Before You Die", "rows": [ { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Ala. Code § 43-8-41", "code": "AL", "complete": true, "conditions": "", "fact_slugs": "s19-al-spouse", "next_check_on": "2027-01-23", "official_url": "https://alison.legislature.state.al.us/code-of-alabama", "passage_id": "al-spouse", "quote": "The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Alabama Legislature\", \"quote\": \"The intestate share of the surviving spouse is as follows: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $100,000.00 in value, plus one-half of the balance of the intestate estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000.00 in value, plus one-half of the balance of the intestate estate; (4) If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate; (5) If the estate is located in two or more states, the share shall not exceed in the aggregate the allowable amounts under this chapter.\", \"slug\": \"s19-al-spouse\", \"url\": \"https://alison.legislature.state.al.us/code-of-alabama\"}]", "state": "Alabama" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Ala. Code § 43-8-42", "code": "AL", "complete": true, "conditions": "", "fact_slugs": "s19-al-heirs", "next_check_on": "2027-10-23", "official_url": "https://alison.legislature.state.al.us/code-of-alabama?section=43-8-42", "passage_id": "al-heirs", "quote": "The part of the intestate estate not passing to the surviving spouse under Section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his or her parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Alabama Legislature\", \"quote\": \"The part of the intestate estate not passing to the surviving spouse under Section 43-8-41, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to his or her parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the other half.\", \"slug\": \"s19-al-heirs\", \"url\": \"https://alison.legislature.state.al.us/code-of-alabama?section=43-8-42\"}]", "state": "Alabama" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "Ala. Code § 43-8-40", "code": "AL", "complete": true, "conditions": "", "fact_slugs": "s19-al-scope", "next_check_on": "2027-10-23", "official_url": "https://alison.legislature.state.al.us/code-of-alabama?section=43-8-40", "passage_id": "al-scope", "quote": "If an estate is not a small estate, as defined in Section 43-2-691, which is being distributed as a summary distribution under Division 10 of Article 18 of Chapter 2 of this title, then any part of the estate of a decedent not effectively disposed of by the decedent’s will passes to the decedent’s heirs as prescribed in the following sections of this chapter.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Alabama Legislature\", \"quote\": \"If an estate is not a small estate, as defined in Section 43-2-691, which is being distributed as a summary distribution under Division 10 of Article 18 of Chapter 2 of this title, then any part of the estate of a decedent not effectively disposed of by the decedent’s will passes to the decedent’s heirs as prescribed in the following sections of this chapter.\", \"slug\": \"s19-al-scope\", \"url\": \"https://alison.legislature.state.al.us/code-of-alabama?section=43-8-40\"}]", "state": "Alabama" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Ala. Code § 43-8-43", "code": "AL", "complete": true, "conditions": "", "fact_slugs": "s19-al-survival", "next_check_on": "2027-10-23", "official_url": "https://alison.legislature.state.al.us/code-of-alabama?section=43-8-43", "passage_id": "al-survival", "quote": "Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under Section 43-8-44.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Alabama Legislature\", \"quote\": \"Any person who fails to survive the decedent by five days is deemed to have predeceased the decedent for purposes of homestead allowance, the exempt property, and intestate succession, and the decedent’s heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by five days, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the state under Section 43-8-44.\", \"slug\": \"s19-al-survival\", \"url\": \"https://alison.legislature.state.al.us/code-of-alabama?section=43-8-43\"}]", "state": "Alabama" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "AS 13.12.102", "code": "AK", "complete": true, "conditions": "", "fact_slugs": "s19-ak-spouse", "next_check_on": "2027-01-24", "official_url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.12.102&secEnd=13.12.103", "passage_id": "ak-spouse", "quote": "(a) Except as provided in (b) of this section, the intestate share of a decedent's surviving spouse is (1) the entire intestate estate if (A) no descendant or parent of the decedent survives the decedent; or (B) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $200,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) the first $150,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) the first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (b) The intestate share of the surviving spouse in settlement common stock or other inalienable stock in a corporation organized under the laws of the state under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) is (1) all of it if there is no surviving issue; or (2) one-half of it if the decedent is survived by issue.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Alaska Legislature\", \"quote\": \"(a) Except as provided in (b) of this section, the intestate share of a decedent's surviving spouse is (1) the entire intestate estate if (A) no descendant or parent of the decedent survives the decedent; or (B) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $200,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) the first $150,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) the first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (b) The intestate share of the surviving spouse in settlement common stock or other inalienable stock in a corporation organized under the laws of the state under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) is (1) all of it if there is no surviving issue; or (2) one-half of it if the decedent is survived by issue.\", \"slug\": \"s19-ak-spouse\", \"url\": \"https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.12.102&secEnd=13.12.103\"}]", "state": "Alaska" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "AS 13.12.103", "code": "AK", "complete": true, "conditions": "", "fact_slugs": "s19-ak-heirs", "next_check_on": "2027-01-24", "official_url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.12.102&secEnd=13.12.103", "passage_id": "ak-heirs", "quote": "A part of the intestate estate not passing to the decedent's surviving spouse under AS 13.12.102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent's descendants by representation; (2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Alaska Legislature\", \"quote\": \"A part of the intestate estate not passing to the decedent's surviving spouse under AS 13.12.102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent's descendants by representation; (2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.\", \"slug\": \"s19-ak-heirs\", \"url\": \"https://www.akleg.gov/basis/statutes.asp?media=print&secStart=13.12.102&secEnd=13.12.103\"}]", "state": "Alaska" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "A.R.S. § 14-2102", "code": "AZ", "complete": true, "conditions": "", "fact_slugs": "s19-az-spouse", "next_check_on": "2027-10-23", "official_url": "https://www.azleg.gov/ars/14/02102.htm", "passage_id": "az-spouse", "quote": "14-2102 . Intestate share of surviving spouse The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Arizona State Legislature\", \"quote\": \"14-2102 . Intestate share of surviving spouse The following part of the intestate estate, as to both separate property and the one-half of community property that belongs to the decedent, passes to the surviving spouse: 1. If there is no surviving issue or if there are surviving issue all of whom are issue of the surviving spouse also, the entire intestate estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate separate property and no interest in the one-half of the community property that belonged to the decedent.\", \"slug\": \"s19-az-spouse\", \"url\": \"https://www.azleg.gov/ars/14/02102.htm\"}]", "state": "Arizona" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "A.R.S. § 14-2103", "code": "AZ", "complete": true, "conditions": "", "fact_slugs": "s19-az-heirs", "next_check_on": "2027-10-23", "official_url": "https://www.azleg.gov/ars/14/02103.htm", "passage_id": "az-heirs", "quote": "14-2103 . Heirs other than surviving spouse; share in estate Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent: 1. To the decedent's descendants by representation. 2. If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent. 3. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation. 4. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive or to the surviving paternal grandparent or the descendants of the decedent's paternal grandparents or either of them if both are deceased with the descendants taking by representation. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Arizona State Legislature\", \"quote\": \"14-2103 . Heirs other than surviving spouse; share in estate Any part of the intestate estate not passing to the decedent's surviving spouse under section 14-2102 or the entire intestate estate if there is no surviving spouse passes in the following order to the following persons who survive the decedent: 1. To the decedent's descendants by representation. 2. If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent. 3. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation. 4. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive or to the surviving paternal grandparent or the descendants of the decedent's paternal grandparents or either of them if both are deceased with the descendants taking by representation. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.\", \"slug\": \"s19-az-heirs\", \"url\": \"https://www.azleg.gov/ars/14/02103.htm\"}]", "state": "Arizona" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "A.R.S. § 14-2101", "code": "AZ", "complete": true, "conditions": "", "fact_slugs": "s19-az-scope", "next_check_on": "2027-10-23", "official_url": "https://www.azleg.gov/ars/14/02101.htm", "passage_id": "az-scope", "quote": "14-2101 . Intestate estate; modification by will A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this chapter, except as modified by the decedent's will. B. A decedent by will may expressly exclude or limit the right of a person or class to succeed to property of the decedent that passes by intestate succession. If that person or a member of that class survives the decedent, the share of the decedent's intestate estate to which that person or class would have succeeded passes as if that person or each member of that class had disclaimed that person's intestate share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Arizona State Legislature\", \"quote\": \"14-2101 . Intestate estate; modification by will A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this chapter, except as modified by the decedent's will. B. A decedent by will may expressly exclude or limit the right of a person or class to succeed to property of the decedent that passes by intestate succession. If that person or a member of that class survives the decedent, the share of the decedent's intestate estate to which that person or class would have succeeded passes as if that person or each member of that class had disclaimed that person's intestate share.\", \"slug\": \"s19-az-scope\", \"url\": \"https://www.azleg.gov/ars/14/02101.htm\"}]", "state": "Arizona" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "Ark. Code Ann. § 28-11-301", "code": "AR", "complete": true, "conditions": "", "fact_slugs": "s19-ar-spouse-land", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/arcode/", "passage_id": "ar-spouse-land", "quote": "(a) If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be endowed of the third part of all the lands for life whereof his or her spouse was seized, of an estate of inheritance, at any time during the marriage, unless the endowment shall have been relinquished in legal form. (b) A person shall have a dower or curtesy right in lands sold in the lifetime of his or her spouse without consent of the spouse in legal form against all creditors of the estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Code of Arkansas Public Access, LexisNexis\", \"quote\": \"(a) If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be endowed of the third part of all the lands for life whereof his or her spouse was seized, of an estate of inheritance, at any time during the marriage, unless the endowment shall have been relinquished in legal form. (b) A person shall have a dower or curtesy right in lands sold in the lifetime of his or her spouse without consent of the spouse in legal form against all creditors of the estate.\", \"slug\": \"s19-ar-spouse-land\", \"url\": \"https://www.lexisnexis.com/hottopics/arcode/\"}]", "state": "Arkansas" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "Ark. Code Ann. § 28-11-305", "code": "AR", "complete": true, "conditions": "", "fact_slugs": "s19-ar-spouse-personal", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/arcode/", "passage_id": "ar-spouse-personal", "quote": "If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, as part of dower or curtesy in his or her own right, to one-third (⅓) part of the personal estate whereof the deceased spouse died seized or possessed.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Code of Arkansas Public Access, LexisNexis\", \"quote\": \"If a person dies leaving a surviving spouse and a child or children, the surviving spouse shall be entitled, as part of dower or curtesy in his or her own right, to one-third (⅓) part of the personal estate whereof the deceased spouse died seized or possessed.\", \"slug\": \"s19-ar-spouse-personal\", \"url\": \"https://www.lexisnexis.com/hottopics/arcode/\"}]", "state": "Arkansas" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "Ark. Code Ann. § 28-11-307", "code": "AR", "complete": true, "conditions": "", "fact_slugs": "s19-ar-spouse-no-children", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/arcode/", "passage_id": "ar-spouse-no-children", "quote": "(a) (1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs. (2) However, as against creditors, the surviving spouse shall be invested with one-third (⅓) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (⅓) of the personal property absolutely. (b) If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half (½) of the estate as against collateral heirs and one-third (⅓) as against creditors.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Code of Arkansas Public Access, LexisNexis\", \"quote\": \"(a) (1) If a person dies leaving a surviving spouse and no children, the surviving spouse shall be endowed in fee simple of one-half (½) of the real estate of which the deceased person died seized when the estate is a new acquisition and not an ancestral estate and of one-half (½) of the personal estate, absolutely, and in his or her own right, as against collateral heirs. (2) However, as against creditors, the surviving spouse shall be invested with one-third (⅓) of the real estate in fee simple if a new acquisition, and not ancestral, and of one-third (⅓) of the personal property absolutely. (b) If the real estate of the deceased person is an ancestral estate, the surviving spouse shall be endowed in a life estate of one-half (½) of the estate as against collateral heirs and one-third (⅓) as against creditors.\", \"slug\": \"s19-ar-spouse-no-children\", \"url\": \"https://www.lexisnexis.com/hottopics/arcode/\"}]", "state": "Arkansas" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "Ark. Code Ann. § 28-9-214", "code": "AR", "complete": true, "conditions": "", "fact_slugs": "s19-ar-heirs", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/arcode/", "passage_id": "ar-heirs", "quote": "The heritable estate of an intestate as defined in § 28-9-206 shall pass as follows upon the intestate's death: (1) First, to the children of the intestate and the descendants of each child of the intestate who may have predeceased the intestate. The children and descendants will take per capita or per stirpes according to §§ 28-9-204 and 28-9-205; (2) Second, if the intestate is survived by no descendant, to the intestate's surviving spouse unless the intestate and the surviving spouse had been continuously married less than three (3) years next preceding the death of the intestate, in which event the surviving spouse will take merely fifty percent (50%) of the intestate's heritable estate; (3) Third, if the intestate is survived by no descendant or spouse, to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living; (4) Fourth, if the intestate is survived by no descendant but is survived by a spouse to whom the intestate has been continuously married less than three (3) years next preceding the death of the intestate, the entire portion of his or her heritable estate which does not pass to the surviving spouse under subdivision (2) of this section shall pass to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living; (5) Fifth, if the intestate is survived by no descendant or parent, then all of his or her heritable estate which under subdivisions (3) and (4) of this section would have vested in the intestate's surviving parent or parents will pass to the intestate's brothers and sisters and the descendants of any brothers and sisters of the intestate who may have predeceased the intestate, such brothers, sisters, and descendants taking per capita or per stirpes according to §§ 28-9-204 and 28-9-205; (6) Sixth, if the intestate is survived by no descendant, then in respect to such portion of his or her heritable estate as does not pass under subdivisions (2)-(5) of this section, the inheriting class will be the surviving grandparents, uncles, and aunts of the intestate. In this situation, each surviving grandparent shall take the same share as each surviving uncle and aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal grandparent, uncle, or aunt shall take the same share as a paternal grandparent, uncle, or aunt and vice versa. If any uncle or aunt of the intestate shall predecease the intestate, the descendants of the deceased uncle or aunt will take, per capita or per stirpes according to §§ 28-9-204 and 28-9-205, the share the decedent would have taken if he or she had survived the intestate; (7) Seventh, if the intestate is survived by no descendant, then in respect to the portion of his or her estate as does not pass under subdivisions (2)-(6) of this section, the inheriting class will be the surviving great-grandparents and great-uncles and great-aunts of the intestate. In this situation, each surviving great-grandparent shall take the same share as each surviving great-uncle and great-aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal great-grandparent, great-uncle, or great-aunt shall take the same share as a paternal great-grandparent, great-uncle, or great-aunt and vice versa. If any great-uncle or great-aunt shall predecease the intestate, the descendants of the decedent will take, per capita or per stirpes according to §§ 28-9-204 and 28-9-205, the share the decedent would have taken if he or she had survived the intestate; and (8) Eighth, if heirs capable of inheriting the entire heritable estate cannot be found within the inheriting classes prescribed in subdivisions (1)-(7) of this section, the real and personal property of the intestate, or the portion not passing under those subdivisions, shall pass according to § 28-9-215, devolution when all or some portion of a heritable estate does not pass under this section.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Code of Arkansas Public Access, LexisNexis\", \"quote\": \"The heritable estate of an intestate as defined in § 28-9-206 shall pass as follows upon the intestate's death: (1) First, to the children of the intestate and the descendants of each child of the intestate who may have predeceased the intestate. The children and descendants will take per capita or per stirpes according to §§ 28-9-204 and 28-9-205; (2) Second, if the intestate is survived by no descendant, to the intestate's surviving spouse unless the intestate and the surviving spouse had been continuously married less than three (3) years next preceding the death of the intestate, in which event the surviving spouse will take merely fifty percent (50%) of the intestate's heritable estate; (3) Third, if the intestate is survived by no descendant or spouse, to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living; (4) Fourth, if the intestate is survived by no descendant but is survived by a spouse to whom the intestate has been continuously married less than three (3) years next preceding the death of the intestate, the entire portion of his or her heritable estate which does not pass to the surviving spouse under subdivision (2) of this section shall pass to the intestate's surviving parents, sharing equally, or to the sole surviving parent if only one (1) of them shall be living; (5) Fifth, if the intestate is survived by no descendant or parent, then all of his or her heritable estate which under subdivisions (3) and (4) of this section would have vested in the intestate's surviving parent or parents will pass to the intestate's brothers and sisters and the descendants of any brothers and sisters of the intestate who may have predeceased the intestate, such brothers, sisters, and descendants taking per capita or per stirpes according to §§ 28-9-204 and 28-9-205; (6) Sixth, if the intestate is survived by no descendant, then in respect to such portion of his or her heritable estate as does not pass under subdivisions (2)-(5) of this section, the inheriting class will be the surviving grandparents, uncles, and aunts of the intestate. In this situation, each surviving grandparent shall take the same share as each surviving uncle and aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal grandparent, uncle, or aunt shall take the same share as a paternal grandparent, uncle, or aunt and vice versa. If any uncle or aunt of the intestate shall predecease the intestate, the descendants of the deceased uncle or aunt will take, per capita or per stirpes according to §§ 28-9-204 and 28-9-205, the share the decedent would have taken if he or she had survived the intestate; (7) Seventh, if the intestate is survived by no descendant, then in respect to the portion of his or her estate as does not pass under subdivisions (2)-(6) of this section, the inheriting class will be the surviving great-grandparents and great-uncles and great-aunts of the intestate. In this situation, each surviving great-grandparent shall take the same share as each surviving great-uncle and great-aunt, and no distinction shall be made between the paternal and maternal sides. In other words, a maternal great-grandparent, great-uncle, or great-aunt shall take the same share as a paternal great-grandparent, great-uncle, or great-aunt and vice versa. If any great-uncle or great-aunt shall predecease the intestate, the descendants of the decedent will take, per capita or per stirpes according to §§ 28-9-204 and 28-9-205, the share the decedent would have taken if he or she had survived the intestate; and (8) Eighth, if heirs capable of inheriting the entire heritable estate cannot be found within the inheriting classes prescribed in subdivisions (1)-(7) of this section, the real and personal property of the intestate, or the portion not passing under those subdivisions, shall pass according to § 28-9-215, devolution when all or some portion of a heritable estate does not pass under this section.\", \"slug\": \"s19-ar-heirs\", \"url\": \"https://www.lexisnexis.com/hottopics/arcode/\"}]", "state": "Arkansas" }, { "category": "Other conditions to read", "checked_on": "2026-10-24", "citation": "Ark. Code Ann. § 28-9-215", "code": "AR", "complete": true, "conditions": "", "fact_slugs": "s19-ar-no-heir", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/arcode/", "passage_id": "ar-no-heir", "quote": "If an heir to the heritable estate, or some portion thereof, cannot be found under § 28-9-214, then the portion of the heritable estate as does not pass under § 28-9-214 will pass as follows: (1) First, to the surviving spouse of the intestate even though they had been married less than three (3) years; (2) (A) Second, if there is no such surviving spouse, to the heirs, determined as of the date of the intestate's death in accordance with § 28-9-214, of the intestate's deceased spouse, meaning the spouse to whom the intestate was last married if there had been more than one (1) marriage. (B) However, in case a marriage was terminated by divorce rather than by death, the heirs of the divorced spouse shall not inherit; and (3) Third, if there is no person capable of inheriting under subdivision (1) or (2) of this section, the estate shall escheat to the county wherein the decedent resided at death.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Code of Arkansas Public Access, LexisNexis\", \"quote\": \"If an heir to the heritable estate, or some portion thereof, cannot be found under § 28-9-214, then the portion of the heritable estate as does not pass under § 28-9-214 will pass as follows: (1) First, to the surviving spouse of the intestate even though they had been married less than three (3) years; (2) (A) Second, if there is no such surviving spouse, to the heirs, determined as of the date of the intestate's death in accordance with § 28-9-214, of the intestate's deceased spouse, meaning the spouse to whom the intestate was last married if there had been more than one (1) marriage. (B) However, in case a marriage was terminated by divorce rather than by death, the heirs of the divorced spouse shall not inherit; and (3) Third, if there is no person capable of inheriting under subdivision (1) or (2) of this section, the estate shall escheat to the county wherein the decedent resided at death.\", \"slug\": \"s19-ar-no-heir\", \"url\": \"https://www.lexisnexis.com/hottopics/arcode/\"}]", "state": "Arkansas" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Cal. Prob. Code § 6401", "code": "CA", "complete": true, "conditions": "", "fact_slugs": "s19-ca-spouse", "next_check_on": "2027-10-23", "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6401.", "passage_id": "ca-spouse", "quote": "(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. (c) As to separate property, the intestate share of the surviving spouse is as follows: (1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister. (2) One-half of the intestate estate in the following cases: (A) Where the decedent leaves only one child or the issue of one deceased child. (B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them. (3) One-third of the intestate estate in the following cases: (A) Where the decedent leaves more than one child. (B) Where the decedent leaves one child and the issue of one or more deceased children. (C) Where the decedent leaves issue of two or more deceased children.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"California Legislative Information\", \"quote\": \"(a) As to community property, the intestate share of the surviving spouse is the one-half of the community property that belongs to the decedent under Section 100. (b) As to quasi-community property, the intestate share of the surviving spouse is the one-half of the quasi-community property that belongs to the decedent under Section 101. (c) As to separate property, the intestate share of the surviving spouse is as follows: (1) The entire intestate estate if the decedent did not leave any surviving issue, parent, brother, sister, or issue of a deceased brother or sister. (2) One-half of the intestate estate in the following cases: (A) Where the decedent leaves only one child or the issue of one deceased child. (B) Where the decedent leaves no issue, but leaves a parent or parents or their issue or the issue of either of them. (3) One-third of the intestate estate in the following cases: (A) Where the decedent leaves more than one child. (B) Where the decedent leaves one child and the issue of one or more deceased children. (C) Where the decedent leaves issue of two or more deceased children.\", \"slug\": \"s19-ca-spouse\", \"url\": \"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6401.\"}]", "state": "California" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Cal. Prob. Code § 6402", "code": "CA", "complete": true, "conditions": "", "fact_slugs": "s19-ca-heirs", "next_check_on": "2027-10-23", "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6402.", "passage_id": "ca-heirs", "quote": "Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (b) If there is no surviving issue, to the decedent’s parent or parents equally. (c) If there is no surviving issue or parent, to the issue of the parents or either of them, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of those grandparents if there is no surviving grandparent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (e) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (f) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote. (g) If there is no surviving next of kin of the decedent and no surviving issue of a predeceased spouse of the decedent, but the decedent is survived by the parents of a predeceased spouse or the issue of those parents, to the parent or parents equally, or to the issue of those parents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"California Legislative Information\", \"quote\": \"Except as provided in Section 6402.5, the part of the intestate estate not passing to the surviving spouse, under Section 6401, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (b) If there is no surviving issue, to the decedent’s parent or parents equally. (c) If there is no surviving issue or parent, to the issue of the parents or either of them, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, to the grandparent or grandparents equally, or to the issue of those grandparents if there is no surviving grandparent, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (e) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by the issue of a predeceased spouse, to that issue, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (f) If there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, or issue of a predeceased spouse, but the decedent is survived by next of kin, to the next of kin in equal degree, but where there are two or more collateral kindred in equal degree who claim through different ancestors, those who claim through the nearest ancestor are preferred to those claiming through an ancestor more remote. (g) If there is no surviving next of kin of the decedent and no surviving issue of a predeceased spouse of the decedent, but the decedent is survived by the parents of a predeceased spouse or the issue of those parents, to the parent or parents equally, or to the issue of those parents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240.\", \"slug\": \"s19-ca-heirs\", \"url\": \"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6402.\"}]", "state": "California" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "Cal. Prob. Code § 100", "code": "CA", "complete": true, "conditions": "", "fact_slugs": "s19-ca-community", "next_check_on": "2027-10-23", "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=100.", "passage_id": "ca-community", "quote": "(a) Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent. (b) Notwithstanding subdivision (a), spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a division of each individual item or asset of community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of community property.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"California Legislative Information\", \"quote\": \"(a) Upon the death of a person who is married or in a registered domestic partnership, one-half of the community property belongs to the surviving spouse and the other one-half belongs to the decedent. (b) Notwithstanding subdivision (a), spouses may agree in writing to divide their community property on the basis of a non pro rata division of the aggregate value of the community property or on the basis of a division of each individual item or asset of community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of community property.\", \"slug\": \"s19-ca-community\", \"url\": \"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=100.\"}]", "state": "California" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "Cal. Prob. Code § 101", "code": "CA", "complete": true, "conditions": "", "fact_slugs": "s19-ca-quasi-community", "next_check_on": "2027-10-23", "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=101.", "passage_id": "ca-quasi-community", "quote": "(a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s quasi-community property belongs to the surviving spouse and the other one-half belongs to the decedent. (b) Notwithstanding subdivision (a), spouses may agree in writing to divide their quasi-community property on the basis of a non pro rata division of the aggregate value of the quasi-community property, or on the basis of a division of each individual item or asset of quasi-community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of quasi-community property.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"California Legislative Information\", \"quote\": \"(a) Upon the death of a person who is married or in a registered domestic partnership, and is domiciled in this state, one-half of the decedent’s quasi-community property belongs to the surviving spouse and the other one-half belongs to the decedent. (b) Notwithstanding subdivision (a), spouses may agree in writing to divide their quasi-community property on the basis of a non pro rata division of the aggregate value of the quasi-community property, or on the basis of a division of each individual item or asset of quasi-community property, or partly on each basis. Nothing in this subdivision shall be construed to require this written agreement in order to permit or recognize a non pro rata division of quasi-community property.\", \"slug\": \"s19-ca-quasi-community\", \"url\": \"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=101.\"}]", "state": "California" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "Cal. Prob. Code § 6400", "code": "CA", "complete": true, "conditions": "", "fact_slugs": "s19-ca-scope", "next_check_on": "2027-10-23", "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6400.", "passage_id": "ca-scope", "quote": "Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"California Legislative Information\", \"quote\": \"Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in this part.\", \"slug\": \"s19-ca-scope\", \"url\": \"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6400.\"}]", "state": "California" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Cal. Prob. Code § 6402.5", "code": "CA", "complete": true, "conditions": "", "fact_slugs": "s19-ca-special", "next_check_on": "2027-01-23", "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6402.5.", "passage_id": "ca-special", "quote": "(a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows: (1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally. (3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402. (5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402. (b) For purposes of distributing personal property under this section if the decedent had a predeceased spouse who died not more than five years before the decedent, and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows: (1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally. (3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402. (5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402. (c) For purposes of disposing of personal property under subdivision (b), the claimant heir bears the burden of proof to show the exact personal property to be disposed of to the heir. (d) For purposes of providing notice under any provision of this code with respect to an estate that may include personal property subject to distribution under subdivision (b), if the aggregate fair market value of tangible and intangible personal property with a written record of title or ownership in the estate is believed in good faith by the petitioning party to be less than ten thousand dollars ($10,000), the petitioning party need not give notice to the issue or next of kin of the predeceased spouse. If the personal property is subsequently determined to have an aggregate fair market value in excess of ten thousand dollars ($10,000), notice shall be given to the issue or next of kin of the predeceased spouse as provided by law. (e) For the purposes of disposing of property pursuant to subdivision (b), “personal property” means that personal property in which there is a written record of title or ownership and the value of which in the aggregate is ten thousand dollars ($10,000) or more. (f) For the purposes of this section, the “portion of the decedent’s estate attributable to the decedent’s predeceased spouse” means all of the following property in the decedent’s estate: (1) One-half of the community property in existence at the time of the death of the predeceased spouse. (2) One-half of any community property, in existence at the time of death of the predeceased spouse, which was given to the decedent by the predeceased spouse by way of gift, descent, or devise. (3) That portion of any community property in which the predeceased spouse had any incident of ownership and which vested in the decedent upon the death of the predeceased spouse by right of survivorship. (4) Any separate property of the predeceased spouse which came to the decedent by gift, descent, or devise of the predeceased spouse or which vested in the decedent upon the death of the predeceased spouse by right of survivorship. (g) For the purposes of this section, quasi-community property shall be treated the same as community property. (h) For the purposes of this section: (1) Relatives of the predeceased spouse conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent. (2) A person who is related to the predeceased spouse through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"California Legislative Information\", \"quote\": \"(a) For purposes of distributing real property under this section if the decedent had a predeceased spouse who died not more than 15 years before the decedent and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows: (1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally. (3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402. (5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402. (b) For purposes of distributing personal property under this section if the decedent had a predeceased spouse who died not more than five years before the decedent, and there is no surviving spouse or issue of the decedent, the portion of the decedent’s estate attributable to the decedent’s predeceased spouse passes as follows: (1) If the decedent is survived by issue of the predeceased spouse, to the surviving issue of the predeceased spouse; if they are all of the same degree of kinship to the predeceased spouse they take equally, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (2) If there is no surviving issue of the predeceased spouse but the decedent is survived by a parent or parents of the predeceased spouse, to the predeceased spouse’s surviving parent or parents equally. (3) If there is no surviving issue or parent of the predeceased spouse but the decedent is survived by issue of a parent of the predeceased spouse, to the surviving issue of the parents of the predeceased spouse or either of them, the issue taking equally if they are all of the same degree of kinship to the predeceased spouse, but if of unequal degree those of more remote degree take in the manner provided in Section 240. (4) If the decedent is not survived by issue, parent, or issue of a parent of the predeceased spouse, to the next of kin of the decedent in the manner provided in Section 6402. (5) If the portion of the decedent’s estate attributable to the decedent’s predeceased spouse would otherwise escheat to the state because there is no kin of the decedent to take under Section 6402, the portion of the decedent’s estate attributable to the predeceased spouse passes to the next of kin of the predeceased spouse who shall take in the same manner as the next of kin of the decedent take under Section 6402. (c) For purposes of disposing of personal property under subdivision (b), the claimant heir bears the burden of proof to show the exact personal property to be disposed of to the heir. (d) For purposes of providing notice under any provision of this code with respect to an estate that may include personal property subject to distribution under subdivision (b), if the aggregate fair market value of tangible and intangible personal property with a written record of title or ownership in the estate is believed in good faith by the petitioning party to be less than ten thousand dollars ($10,000), the petitioning party need not give notice to the issue or next of kin of the predeceased spouse. If the personal property is subsequently determined to have an aggregate fair market value in excess of ten thousand dollars ($10,000), notice shall be given to the issue or next of kin of the predeceased spouse as provided by law. (e) For the purposes of disposing of property pursuant to subdivision (b), “personal property” means that personal property in which there is a written record of title or ownership and the value of which in the aggregate is ten thousand dollars ($10,000) or more. (f) For the purposes of this section, the “portion of the decedent’s estate attributable to the decedent’s predeceased spouse” means all of the following property in the decedent’s estate: (1) One-half of the community property in existence at the time of the death of the predeceased spouse. (2) One-half of any community property, in existence at the time of death of the predeceased spouse, which was given to the decedent by the predeceased spouse by way of gift, descent, or devise. (3) That portion of any community property in which the predeceased spouse had any incident of ownership and which vested in the decedent upon the death of the predeceased spouse by right of survivorship. (4) Any separate property of the predeceased spouse which came to the decedent by gift, descent, or devise of the predeceased spouse or which vested in the decedent upon the death of the predeceased spouse by right of survivorship. (g) For the purposes of this section, quasi-community property shall be treated the same as community property. (h) For the purposes of this section: (1) Relatives of the predeceased spouse conceived before the decedent’s death but born thereafter inherit as if they had been born in the lifetime of the decedent. (2) A person who is related to the predeceased spouse through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.\", \"slug\": \"s19-ca-special\", \"url\": \"https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=6402.5.\"}]", "state": "California" }, { "category": "What this statute covers", "checked_on": "2026-10-23; 2026-10-24", "citation": "C.R.S. § 15-11-101", "code": "CO", "complete": true, "conditions": "The statute states base amounts. Section 15-10-112 requires adjustment, and the Colorado Department of Revenue publishes $442,000, $332,000 and $221,000 for section 15-11-102 for a 2026 death.", "fact_slugs": "s19-co-scope; s19-co-spouse; s19-co-2026-adjustment", "next_check_on": "2027-01-23; 2027-01-24; 2027-10-23", "official_url": "https://olls.info/crs/crs2026-title-15.pdf", "passage_id": "co-scope", "quote": "(1) Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Colorado General Assembly, Office of Legislative Legal Services\", \"quote\": \"(1) Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.\", \"slug\": \"s19-co-scope\", \"url\": \"https://olls.info/crs/crs2026-title-15.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Colorado General Assembly, Office of Legislative Legal Services\", \"quote\": \"The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is: (1) The entire intestate estate if: (a) No descendant or parent of the decedent survives the decedent; or (b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.) (6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.\", \"slug\": \"s19-co-spouse\", \"url\": \"https://olls.info/crs/crs2026-title-15.pdf\"}, {\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Colorado Department of Revenue\", \"quote\": \"Year of Death §15-11-102, C.R.S. No descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent §15-11-102, C.R.S. All the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent §15-11-102, C.R.S. One or more of the decedent's surviving descendants are not descendants of the surviving spouse 2026 $442,000 $332,000 $221,000 ¹ Per §15-10-112, C.R.S., the dollar amounts stated in §15-11-102, §15-11-202, §15-11-403, and §15-11-405 apply to the estate of a decedent who died during or after 2010, but for the estate of a decedent who died after 2011, the dollar amounts must be increased or decreased if the annual average of the consumer price index (CPI) for all urban consumers for the calendar year immediately preceding the year of death exceeds or is less than the CPI for calendar year 2010.\", \"slug\": \"s19-co-2026-adjustment\", \"url\": \"https://tax.colorado.gov/sites/default/files/documents/Probate%20Index%202026.xlsx\"}]", "state": "Colorado" }, { "category": "Surviving spouse", "checked_on": "2026-10-23; 2026-10-24", "citation": "C.R.S. § 15-11-102", "code": "CO", "complete": true, "conditions": "The statute states base amounts. Section 15-10-112 requires adjustment, and the Colorado Department of Revenue publishes $442,000, $332,000 and $221,000 for section 15-11-102 for a 2026 death.", "fact_slugs": "s19-co-spouse; s19-co-2026-adjustment", "next_check_on": "2027-01-23; 2027-01-24", "official_url": "https://olls.info/crs/crs2026-title-15.pdf", "passage_id": "co-spouse", "quote": "The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is: (1) The entire intestate estate if: (a) No descendant or parent of the decedent survives the decedent; or (b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.) (6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Colorado General Assembly, Office of Legislative Legal Services\", \"quote\": \"The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is: (1) The entire intestate estate if: (a) No descendant or parent of the decedent survives the decedent; or (b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.) (6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.\", \"slug\": \"s19-co-spouse\", \"url\": \"https://olls.info/crs/crs2026-title-15.pdf\"}, {\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Colorado Department of Revenue\", \"quote\": \"Year of Death §15-11-102, C.R.S. No descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent §15-11-102, C.R.S. All the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent §15-11-102, C.R.S. One or more of the decedent's surviving descendants are not descendants of the surviving spouse 2026 $442,000 $332,000 $221,000 ¹ Per §15-10-112, C.R.S., the dollar amounts stated in §15-11-102, §15-11-202, §15-11-403, and §15-11-405 apply to the estate of a decedent who died during or after 2010, but for the estate of a decedent who died after 2011, the dollar amounts must be increased or decreased if the annual average of the consumer price index (CPI) for all urban consumers for the calendar year immediately preceding the year of death exceeds or is less than the CPI for calendar year 2010.\", \"slug\": \"s19-co-2026-adjustment\", \"url\": \"https://tax.colorado.gov/sites/default/files/documents/Probate%20Index%202026.xlsx\"}]", "state": "Colorado" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23; 2026-10-24", "citation": "C.R.S. § 15-11-103", "code": "CO", "complete": true, "conditions": "The statute states base amounts. Section 15-10-112 requires adjustment, and the Colorado Department of Revenue publishes $442,000, $332,000 and $221,000 for section 15-11-102 for a 2026 death.", "fact_slugs": "s19-co-heirs; s19-co-spouse; s19-co-2026-adjustment", "next_check_on": "2027-01-23; 2027-01-24; 2027-10-23", "official_url": "https://olls.info/crs/crs2026-title-15.pdf", "passage_id": "co-heirs", "quote": "(1) Definitions. In this section: (a) \"Deceased parent\", \"deceased grandparent\", or \"deceased spouse\" means a parent, grandparent, or spouse who either predeceased the decedent or is deemed under this article 11 to have predeceased the decedent. (b) \"Surviving spouse\", \"surviving descendant\", \"surviving parent\", or \"surviving grandparent\" means a spouse, descendant, parent, or grandparent who neither predeceased the decedent nor is deemed under this article 11 to have predeceased the decedent. (2) Heirs other than surviving spouse and designated beneficiary. Any part of the intestate estate not passing to the decedent's surviving spouse under section 15-11-102, or to the decedent's surviving designated beneficiary under section 15-11-102.5, or the entire estate if there is no surviving spouse and no surviving designated beneficiary with the right to inherit real or personal property from the decedent through intestate succession, passes to the decedent's descendants, parents, or other heirs as provided in subsections (3) to (9) of this section. (3) Surviving descendants. If a decedent is survived by one or more descendants, any part of the intestate estate not passing to the surviving spouse or surviving designated beneficiary passes per capita at each generation to the decedent's surviving descendants. (4) Surviving parent. If a decedent is not survived by a descendant but is survived by one or more parents, any part of the intestate estate not passing to the surviving spouse or surviving designated beneficiary is distributed as follows: (a) The intestate estate or part is divided into as many equal shares as there are: (I) Surviving parents; and (II) Deceased parents with one or more surviving descendants, if any, as determined under subsection (5) of this section. (b) One share passes to each surviving parent. (c) The balance of the intestate estate or part, if any, passes per capita at each generation to the surviving descendants of the decedent's deceased parents, as determined under subsection (5) of this section. (5) When parent survives - computation of shares of surviving descendants of deceased parent. The following rules apply under subsection (4) of this section to determine whether a deceased parent of the decedent is treated as having a surviving descendant: (a) If all the surviving descendants of one or more deceased parents also are descendants of one or more surviving parents and none of those surviving parents has any other surviving descendant, those descendants are deemed to have predeceased the decedent. (b) If two or more deceased parents have the same surviving descendants and none of those deceased parents has any other surviving descendant, those deceased parents are deemed to be one deceased parent with surviving descendants. (6) Surviving descendant of deceased parent. If a decedent is not survived by a descendant or parent but is survived by one or more descendants of a parent, the intestate estate passes per capita at each generation to the surviving descendants of the decedent's deceased parents. (7) Surviving grandparent. If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the intestate estate is distributed as follows: (a) The intestate estate is divided into as many equal shares as there are: (I) Surviving grandparents; and (II) Deceased grandparents with one or more surviving descendants, if any, as determined under subsection (8) of this section. (b) One share passes to each surviving grandparent. (c) The balance of the intestate estate, if any, passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents, as determined under subsection (8) of this section. (8) When grandparent survives - computation of shares of surviving descendants of deceased grandparent. The following rules apply under subsection (7) of this section to determine whether a deceased grandparent of the decedent is treated as having a surviving descendant: (a) If all the surviving descendants of one or more deceased grandparents also are descendants of one or more surviving grandparents and none of those surviving grandparents has any other surviving descendant, those descendants are deemed to have predeceased the decedent. (b) If two or more deceased grandparents have the same surviving descendants and none of those deceased grandparents has any other surviving descendant, those deceased grandparents are deemed to be one deceased grandparent with surviving descendants. (9) Surviving descendant of deceased grandparent. If a decedent is not survived by a descendant, parent, descendant of a parent, or grandparent but is survived by one or more descendants of a grandparent, the intestate estate passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Colorado General Assembly, Office of Legislative Legal Services\", \"quote\": \"(1) Definitions. In this section: (a) \\\"Deceased parent\\\", \\\"deceased grandparent\\\", or \\\"deceased spouse\\\" means a parent, grandparent, or spouse who either predeceased the decedent or is deemed under this article 11 to have predeceased the decedent. (b) \\\"Surviving spouse\\\", \\\"surviving descendant\\\", \\\"surviving parent\\\", or \\\"surviving grandparent\\\" means a spouse, descendant, parent, or grandparent who neither predeceased the decedent nor is deemed under this article 11 to have predeceased the decedent. (2) Heirs other than surviving spouse and designated beneficiary. Any part of the intestate estate not passing to the decedent's surviving spouse under section 15-11-102, or to the decedent's surviving designated beneficiary under section 15-11-102.5, or the entire estate if there is no surviving spouse and no surviving designated beneficiary with the right to inherit real or personal property from the decedent through intestate succession, passes to the decedent's descendants, parents, or other heirs as provided in subsections (3) to (9) of this section. (3) Surviving descendants. If a decedent is survived by one or more descendants, any part of the intestate estate not passing to the surviving spouse or surviving designated beneficiary passes per capita at each generation to the decedent's surviving descendants. (4) Surviving parent. If a decedent is not survived by a descendant but is survived by one or more parents, any part of the intestate estate not passing to the surviving spouse or surviving designated beneficiary is distributed as follows: (a) The intestate estate or part is divided into as many equal shares as there are: (I) Surviving parents; and (II) Deceased parents with one or more surviving descendants, if any, as determined under subsection (5) of this section. (b) One share passes to each surviving parent. (c) The balance of the intestate estate or part, if any, passes per capita at each generation to the surviving descendants of the decedent's deceased parents, as determined under subsection (5) of this section. (5) When parent survives - computation of shares of surviving descendants of deceased parent. The following rules apply under subsection (4) of this section to determine whether a deceased parent of the decedent is treated as having a surviving descendant: (a) If all the surviving descendants of one or more deceased parents also are descendants of one or more surviving parents and none of those surviving parents has any other surviving descendant, those descendants are deemed to have predeceased the decedent. (b) If two or more deceased parents have the same surviving descendants and none of those deceased parents has any other surviving descendant, those deceased parents are deemed to be one deceased parent with surviving descendants. (6) Surviving descendant of deceased parent. If a decedent is not survived by a descendant or parent but is survived by one or more descendants of a parent, the intestate estate passes per capita at each generation to the surviving descendants of the decedent's deceased parents. (7) Surviving grandparent. If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the intestate estate is distributed as follows: (a) The intestate estate is divided into as many equal shares as there are: (I) Surviving grandparents; and (II) Deceased grandparents with one or more surviving descendants, if any, as determined under subsection (8) of this section. (b) One share passes to each surviving grandparent. (c) The balance of the intestate estate, if any, passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents, as determined under subsection (8) of this section. (8) When grandparent survives - computation of shares of surviving descendants of deceased grandparent. The following rules apply under subsection (7) of this section to determine whether a deceased grandparent of the decedent is treated as having a surviving descendant: (a) If all the surviving descendants of one or more deceased grandparents also are descendants of one or more surviving grandparents and none of those surviving grandparents has any other surviving descendant, those descendants are deemed to have predeceased the decedent. (b) If two or more deceased grandparents have the same surviving descendants and none of those deceased grandparents has any other surviving descendant, those deceased grandparents are deemed to be one deceased grandparent with surviving descendants. (9) Surviving descendant of deceased grandparent. If a decedent is not survived by a descendant, parent, descendant of a parent, or grandparent but is survived by one or more descendants of a grandparent, the intestate estate passes per capita at each generation to the surviving descendants of the decedent's deceased grandparents.\", \"slug\": \"s19-co-heirs\", \"url\": \"https://olls.info/crs/crs2026-title-15.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Colorado General Assembly, Office of Legislative Legal Services\", \"quote\": \"The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is: (1) The entire intestate estate if: (a) No descendant or parent of the decedent survives the decedent; or (b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.) (6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.\", \"slug\": \"s19-co-spouse\", \"url\": \"https://olls.info/crs/crs2026-title-15.pdf\"}, {\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Colorado Department of Revenue\", \"quote\": \"Year of Death §15-11-102, C.R.S. No descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent §15-11-102, C.R.S. All the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent §15-11-102, C.R.S. One or more of the decedent's surviving descendants are not descendants of the surviving spouse 2026 $442,000 $332,000 $221,000 ¹ Per §15-10-112, C.R.S., the dollar amounts stated in §15-11-102, §15-11-202, §15-11-403, and §15-11-405 apply to the estate of a decedent who died during or after 2010, but for the estate of a decedent who died after 2011, the dollar amounts must be increased or decreased if the annual average of the consumer price index (CPI) for all urban consumers for the calendar year immediately preceding the year of death exceeds or is less than the CPI for calendar year 2010.\", \"slug\": \"s19-co-2026-adjustment\", \"url\": \"https://tax.colorado.gov/sites/default/files/documents/Probate%20Index%202026.xlsx\"}]", "state": "Colorado" }, { "category": "Other conditions to read", "checked_on": "2026-10-23; 2026-10-24", "citation": "C.R.S. § 15-11-102.5", "code": "CO", "complete": true, "conditions": "The statute states base amounts. Section 15-10-112 requires adjustment, and the Colorado Department of Revenue publishes $442,000, $332,000 and $221,000 for section 15-11-102 for a 2026 death.", "fact_slugs": "s19-co-designated-beneficiary; s19-co-spouse; s19-co-2026-adjustment", "next_check_on": "2027-01-23; 2027-01-24; 2027-10-23", "official_url": "https://olls.info/crs/crs2026-title-15.pdf", "passage_id": "co-designated-beneficiary", "quote": "(1) If the decedent is survived by a person with the right to inherit real or personal property from the decedent in a designated beneficiary agreement executed pursuant to article 22 of this title, the intestate share of the decedent's designated beneficiary is: (a) The entire estate if no descendent of the decedent survives the decedent; or (b) One half of the intestate estate if one or more descendants of the decedent survive the decedent.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Colorado General Assembly, Office of Legislative Legal Services\", \"quote\": \"(1) If the decedent is survived by a person with the right to inherit real or personal property from the decedent in a designated beneficiary agreement executed pursuant to article 22 of this title, the intestate share of the decedent's designated beneficiary is: (a) The entire estate if no descendent of the decedent survives the decedent; or (b) One half of the intestate estate if one or more descendants of the decedent survive the decedent.\", \"slug\": \"s19-co-designated-beneficiary\", \"url\": \"https://olls.info/crs/crs2026-title-15.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Colorado General Assembly, Office of Legislative Legal Services\", \"quote\": \"The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is: (1) The entire intestate estate if: (a) No descendant or parent of the decedent survives the decedent; or (b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.) (6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.\", \"slug\": \"s19-co-spouse\", \"url\": \"https://olls.info/crs/crs2026-title-15.pdf\"}, {\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Colorado Department of Revenue\", \"quote\": \"Year of Death §15-11-102, C.R.S. No descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent §15-11-102, C.R.S. All the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent §15-11-102, C.R.S. One or more of the decedent's surviving descendants are not descendants of the surviving spouse 2026 $442,000 $332,000 $221,000 ¹ Per §15-10-112, C.R.S., the dollar amounts stated in §15-11-102, §15-11-202, §15-11-403, and §15-11-405 apply to the estate of a decedent who died during or after 2010, but for the estate of a decedent who died after 2011, the dollar amounts must be increased or decreased if the annual average of the consumer price index (CPI) for all urban consumers for the calendar year immediately preceding the year of death exceeds or is less than the CPI for calendar year 2010.\", \"slug\": \"s19-co-2026-adjustment\", \"url\": \"https://tax.colorado.gov/sites/default/files/documents/Probate%20Index%202026.xlsx\"}]", "state": "Colorado" }, { "category": "Other conditions to read", "checked_on": "2026-10-23; 2026-10-24", "citation": "Colorado Department of Revenue probate index for 2026", "code": "CO", "complete": true, "conditions": "The statute states base amounts. Section 15-10-112 requires adjustment, and the Colorado Department of Revenue publishes $442,000, $332,000 and $221,000 for section 15-11-102 for a 2026 death.", "fact_slugs": "s19-co-2026-adjustment; s19-co-spouse", "next_check_on": "2027-01-23; 2027-01-24", "official_url": "https://tax.colorado.gov/sites/default/files/documents/Probate%20Index%202026.xlsx", "passage_id": "co-2026-adjustment", "quote": "Year of Death §15-11-102, C.R.S. No descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent §15-11-102, C.R.S. All the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent §15-11-102, C.R.S. One or more of the decedent's surviving descendants are not descendants of the surviving spouse 2026 $442,000 $332,000 $221,000 ¹ Per §15-10-112, C.R.S., the dollar amounts stated in §15-11-102, §15-11-202, §15-11-403, and §15-11-405 apply to the estate of a decedent who died during or after 2010, but for the estate of a decedent who died after 2011, the dollar amounts must be increased or decreased if the annual average of the consumer price index (CPI) for all urban consumers for the calendar year immediately preceding the year of death exceeds or is less than the CPI for calendar year 2010.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Colorado Department of Revenue\", \"quote\": \"Year of Death §15-11-102, C.R.S. No descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent §15-11-102, C.R.S. All the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent §15-11-102, C.R.S. One or more of the decedent's surviving descendants are not descendants of the surviving spouse 2026 $442,000 $332,000 $221,000 ¹ Per §15-10-112, C.R.S., the dollar amounts stated in §15-11-102, §15-11-202, §15-11-403, and §15-11-405 apply to the estate of a decedent who died during or after 2010, but for the estate of a decedent who died after 2011, the dollar amounts must be increased or decreased if the annual average of the consumer price index (CPI) for all urban consumers for the calendar year immediately preceding the year of death exceeds or is less than the CPI for calendar year 2010.\", \"slug\": \"s19-co-2026-adjustment\", \"url\": \"https://tax.colorado.gov/sites/default/files/documents/Probate%20Index%202026.xlsx\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Colorado General Assembly, Office of Legislative Legal Services\", \"quote\": \"The various possible circumstances describing the decedent, his or her surviving spouse, and their surviving descendants, if any, are set forth in this section to be utilized in determining the intestate share of the decedent's surviving spouse. If more than one circumstance is applicable, the circumstance that produces the largest share for the surviving spouse shall be applied. The intestate share of a decedent's surviving spouse is: (1) The entire intestate estate if: (a) No descendant or parent of the decedent survives the decedent; or (b) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (5) (Deleted by amendment, L. 2009, (HB 09-1287), ch. 310, p. 1671, § 3, effective July 1, 2010.) (6) The dollar amounts stated in this section shall be increased or decreased based on the cost of living adjustment as calculated and specified in section 15-10-112.\", \"slug\": \"s19-co-spouse\", \"url\": \"https://olls.info/crs/crs2026-title-15.pdf\"}]", "state": "Colorado" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Conn. Gen. Stat. § 45a-437", "code": "CT", "complete": true, "conditions": "", "fact_slugs": "s19-ct-spouse", "next_check_on": "2027-01-23", "official_url": "https://www.cga.ct.gov/current/pub/chap_802b.htm", "passage_id": "ct-spouse", "quote": "(a) If there is no will, or if any part of the property, real or personal, legally or equitably owned by the decedent at the time of his or her death, is not effectively disposed of by the will or codicil of the decedent, the portion of the intestate estate of the decedent, determined after payment of any support allowance from principal pursuant to section 45a-320 , which the surviving spouse shall take is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate absolutely; (2) If there is no surviving issue of the decedent but the decedent is survived by a parent or parents, the first one hundred thousand dollars plus three-quarters of the balance of the intestate estate absolutely; (3) If there are surviving issue of the decedent all of whom are also issue of the surviving spouse, the first one hundred thousand dollars plus one-half of the balance of the intestate estate absolutely; (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely. (b) For the purposes of this section: (1) Issue includes children who qualify for inheritance under the provisions of section 45a-438 and the legal representatives of such children; (2) A person shall be considered a parent if the person qualifies for inheritance from or through the child under the provisions of section 45a-438b .", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Connecticut General Assembly\", \"quote\": \"(a) If there is no will, or if any part of the property, real or personal, legally or equitably owned by the decedent at the time of his or her death, is not effectively disposed of by the will or codicil of the decedent, the portion of the intestate estate of the decedent, determined after payment of any support allowance from principal pursuant to section 45a-320 , which the surviving spouse shall take is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate absolutely; (2) If there is no surviving issue of the decedent but the decedent is survived by a parent or parents, the first one hundred thousand dollars plus three-quarters of the balance of the intestate estate absolutely; (3) If there are surviving issue of the decedent all of whom are also issue of the surviving spouse, the first one hundred thousand dollars plus one-half of the balance of the intestate estate absolutely; (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely. (b) For the purposes of this section: (1) Issue includes children who qualify for inheritance under the provisions of section 45a-438 and the legal representatives of such children; (2) A person shall be considered a parent if the person qualifies for inheritance from or through the child under the provisions of section 45a-438b .\", \"slug\": \"s19-ct-spouse\", \"url\": \"https://www.cga.ct.gov/current/pub/chap_802b.htm\"}]", "state": "Connecticut" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Conn. Gen. Stat. § 45a-438", "code": "CT", "complete": true, "conditions": "", "fact_slugs": "s19-ct-children", "next_check_on": "2027-10-23", "official_url": "https://www.cga.ct.gov/current/pub/chap_802b.htm", "passage_id": "ct-children", "quote": "(a) After distribution has been made of the intestate estate to the surviving spouse in accordance with section 45a-437,the residue of the real and personal estate shall be distributed equally, according to its value at the time of distribution, among the children, including children born after the death of the decedent, as provided in subsection (a) of section 45a-785 , and the legal representatives of any of them who may be dead, except that children or other descendants who receive estate by advancement of the intestate in the intestate's lifetime shall themselves or their representatives have only so much of the estate as will, together with such advancement, make their share equal to what they would have been entitled to receive had no such advancement been made. (b) Except as provided in section 45a-731 , for the purposes of this chapter, a child and the child's legal representatives shall qualify for inheritance from or through the parent if parentage is established in accordance with the provisions of the Connecticut Parentage Act or by adoption. If parentage is based on subdivision (3) of subsection (a) of section 46b-488 or sections 46b-495 to 46b-505 , inclusive, of the Connecticut Parentage Act, parentage shall be established by a voluntary acknowledgment of parentage under sections 46b-476 to 46b-487 , inclusive, of the Connecticut Parentage Act, or by court adjudication.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Connecticut General Assembly\", \"quote\": \"(a) After distribution has been made of the intestate estate to the surviving spouse in accordance with section 45a-437,the residue of the real and personal estate shall be distributed equally, according to its value at the time of distribution, among the children, including children born after the death of the decedent, as provided in subsection (a) of section 45a-785 , and the legal representatives of any of them who may be dead, except that children or other descendants who receive estate by advancement of the intestate in the intestate's lifetime shall themselves or their representatives have only so much of the estate as will, together with such advancement, make their share equal to what they would have been entitled to receive had no such advancement been made. (b) Except as provided in section 45a-731 , for the purposes of this chapter, a child and the child's legal representatives shall qualify for inheritance from or through the parent if parentage is established in accordance with the provisions of the Connecticut Parentage Act or by adoption. If parentage is based on subdivision (3) of subsection (a) of section 46b-488 or sections 46b-495 to 46b-505 , inclusive, of the Connecticut Parentage Act, parentage shall be established by a voluntary acknowledgment of parentage under sections 46b-476 to 46b-487 , inclusive, of the Connecticut Parentage Act, or by court adjudication.\", \"slug\": \"s19-ct-children\", \"url\": \"https://www.cga.ct.gov/current/pub/chap_802b.htm\"}]", "state": "Connecticut" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Conn. Gen. Stat. § 45a-439", "code": "CT", "complete": true, "conditions": "", "fact_slugs": "s19-ct-heirs", "next_check_on": "2027-10-23", "official_url": "https://www.cga.ct.gov/current/pub/chap_802b.htm", "passage_id": "ct-heirs", "quote": "(a)(1) If there are no children or any legal representatives of them, then, after the portion of the husband or wife, if any, is distributed or set out, the residue of the estate shall be distributed equally to the parent or parents of the intestate, except that no parent who has abandoned a minor child and continued such abandonment until the time of death of such child shall be entitled to share in the estate of such child or be deemed a parent for the purposes of subdivisions (2) to (4), inclusive, of this subsection. (2) If there is no parent, the residue of the estate shall be distributed equally to the brothers and sisters of the intestate and those who legally represent them. (3) If there is no parent or brothers and sisters or those who legally represent them, the residue of the estate shall be distributed equally to the next of kin in equal degree, and no representatives shall be admitted among collaterals after the representatives of brothers and sisters. (4) If there is no next of kin, the residue of the estate shall be distributed equally to the stepchildren and those who legally represent them. (b) When any will executed prior to January 1, 1902, fails for any reason to dispose of the whole or any part of the estate of the testator, and such estate becomes intestate, the estate shall be distributed in accordance with the statutes of distribution in force at the time such will was executed. (c) Real property subject to the life use of husband or wife, remaining undivided at the expiration of such life use, shall be distributed in the same manner by the same or other distributors, or the real property may be distributed during the continuance of such life interest and subject thereto. (d) In ascertaining the next of kin in all cases, the rule of the civil law shall be used. (e) Relatives of the half blood shall take the same share under this section that they would take if they were of the whole blood. (f) For the purposes of this section: (1) A father of a child born out of wedlock shall be considered a parent if the father qualifies for inheritance under section 45a-438b ; and (2) Next of kin shall include the kindred of a deceased father of a child born out of wedlock if the father would have qualified for inheritance from or through the child under section 45a-438b had the father survived the child.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Connecticut General Assembly\", \"quote\": \"(a)(1) If there are no children or any legal representatives of them, then, after the portion of the husband or wife, if any, is distributed or set out, the residue of the estate shall be distributed equally to the parent or parents of the intestate, except that no parent who has abandoned a minor child and continued such abandonment until the time of death of such child shall be entitled to share in the estate of such child or be deemed a parent for the purposes of subdivisions (2) to (4), inclusive, of this subsection. (2) If there is no parent, the residue of the estate shall be distributed equally to the brothers and sisters of the intestate and those who legally represent them. (3) If there is no parent or brothers and sisters or those who legally represent them, the residue of the estate shall be distributed equally to the next of kin in equal degree, and no representatives shall be admitted among collaterals after the representatives of brothers and sisters. (4) If there is no next of kin, the residue of the estate shall be distributed equally to the stepchildren and those who legally represent them. (b) When any will executed prior to January 1, 1902, fails for any reason to dispose of the whole or any part of the estate of the testator, and such estate becomes intestate, the estate shall be distributed in accordance with the statutes of distribution in force at the time such will was executed. (c) Real property subject to the life use of husband or wife, remaining undivided at the expiration of such life use, shall be distributed in the same manner by the same or other distributors, or the real property may be distributed during the continuance of such life interest and subject thereto. (d) In ascertaining the next of kin in all cases, the rule of the civil law shall be used. (e) Relatives of the half blood shall take the same share under this section that they would take if they were of the whole blood. (f) For the purposes of this section: (1) A father of a child born out of wedlock shall be considered a parent if the father qualifies for inheritance under section 45a-438b ; and (2) Next of kin shall include the kindred of a deceased father of a child born out of wedlock if the father would have qualified for inheritance from or through the child under section 45a-438b had the father survived the child.\", \"slug\": \"s19-ct-heirs\", \"url\": \"https://www.cga.ct.gov/current/pub/chap_802b.htm\"}]", "state": "Connecticut" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Conn. Gen. Stat. § 45a-436(g)", "code": "CT", "complete": true, "conditions": "", "fact_slugs": "s19-ct-spouse-abandonment", "next_check_on": "2027-10-23", "official_url": "https://www.cga.ct.gov/current/pub/chap_802b.htm", "passage_id": "ct-spouse-abandonment", "quote": "(g) A surviving spouse shall not be entitled to a statutory share, as provided in subsection (a) of this section, or an intestate share, as provided in section 45a-437 , in the property of the other if such surviving spouse, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death. (h) The provisions of this section shall apply to estates of all persons dying on or after July 1, 1985.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Connecticut General Assembly\", \"quote\": \"(g) A surviving spouse shall not be entitled to a statutory share, as provided in subsection (a) of this section, or an intestate share, as provided in section 45a-437 , in the property of the other if such surviving spouse, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death. (h) The provisions of this section shall apply to estates of all persons dying on or after July 1, 1985.\", \"slug\": \"s19-ct-spouse-abandonment\", \"url\": \"https://www.cga.ct.gov/current/pub/chap_802b.htm\"}]", "state": "Connecticut" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "12 Del. C. § 501", "code": "DE", "complete": true, "conditions": "", "fact_slugs": "s19-de-scope", "next_check_on": "2027-10-23", "official_url": "https://delcode.delaware.gov/title12/c005/index.html", "passage_id": "de-scope", "quote": "Any part of the real or personal estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this chapter.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Delaware General Assembly\", \"quote\": \"Any part of the real or personal estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this chapter.\", \"slug\": \"s19-de-scope\", \"url\": \"https://delcode.delaware.gov/title12/c005/index.html\"}]", "state": "Delaware" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "12 Del. C. § 502", "code": "DE", "complete": true, "conditions": "", "fact_slugs": "s19-de-spouse", "next_check_on": "2027-01-23", "official_url": "https://delcode.delaware.gov/title12/c005/index.html", "passage_id": "de-spouse", "quote": "The intestate share of the surviving spouse is: (1) If there is no surviving issue or parents of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate; (4) If there are surviving issue, one or more of whom are not issue of the surviving spouse, one half of the intestate personal estate, plus a life estate in the intestate real estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Delaware General Assembly\", \"quote\": \"The intestate share of the surviving spouse is: (1) If there is no surviving issue or parents of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate; (3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate; (4) If there are surviving issue, one or more of whom are not issue of the surviving spouse, one half of the intestate personal estate, plus a life estate in the intestate real estate.\", \"slug\": \"s19-de-spouse\", \"url\": \"https://delcode.delaware.gov/title12/c005/index.html\"}]", "state": "Delaware" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "12 Del. C. § 503", "code": "DE", "complete": true, "conditions": "", "fact_slugs": "s19-de-heirs", "next_check_on": "2027-10-23", "official_url": "https://delcode.delaware.gov/title12/c005/index.html", "passage_id": "de-heirs", "quote": "(a) The part of the intestate estate not passing to the surviving spouse under § 502 of this title, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent, per stirpes; (2) If there is no surviving issue, to the decedent’s parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the decedent’s parents, per stirpes; (4) If there is no surviving issue, parent or issue of a parent, then to the next of kin of the decedent, and to the issue of a deceased next of kin, per stirpes. (b) Any property passing under this section to 2 or more persons passes to such persons as tenants in common. (c) An individual who is related to a decedent through more than 1 line of relationship is entitled to only a single share based on 1 line of relationship. If the shares from the lines of relationship are unequal, the individual is entitled to the largest share. The individual and the individual’s descendants are deemed to have predeceased the decedent with respect to the other line or lines of relationship.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Delaware General Assembly\", \"quote\": \"(a) The part of the intestate estate not passing to the surviving spouse under § 502 of this title, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent, per stirpes; (2) If there is no surviving issue, to the decedent’s parent or parents equally; (3) If there is no surviving issue or parent, to the issue of the decedent’s parents, per stirpes; (4) If there is no surviving issue, parent or issue of a parent, then to the next of kin of the decedent, and to the issue of a deceased next of kin, per stirpes. (b) Any property passing under this section to 2 or more persons passes to such persons as tenants in common. (c) An individual who is related to a decedent through more than 1 line of relationship is entitled to only a single share based on 1 line of relationship. If the shares from the lines of relationship are unequal, the individual is entitled to the largest share. The individual and the individual’s descendants are deemed to have predeceased the decedent with respect to the other line or lines of relationship.\", \"slug\": \"s19-de-heirs\", \"url\": \"https://delcode.delaware.gov/title12/c005/index.html\"}]", "state": "Delaware" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-302", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-spouse", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/sections/19-302", "passage_id": "dc-spouse", "quote": "The intestate share of a decedent’s surviving spouse or surviving domestic partner is: (1) The entire intestate estate, if no descendant or parent of the decedent survives the decedent; (2) Two-thirds of any balance of the intestate estate, if the decedent’s surviving descendants are also descendants of the surviving spouse or surviving domestic partner and there is no other descendant of the surviving spouse or surviving domestic partner who survives the decedent; (3) Three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (4) One-half of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse or surviving domestic partner and the surviving spouse or surviving domestic partner has one or more surviving descendants who are not descendants of the decedent; or (5) One-half of any balance of the intestate estate, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse or surviving domestic partner.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"The intestate share of a decedent’s surviving spouse or surviving domestic partner is: (1) The entire intestate estate, if no descendant or parent of the decedent survives the decedent; (2) Two-thirds of any balance of the intestate estate, if the decedent’s surviving descendants are also descendants of the surviving spouse or surviving domestic partner and there is no other descendant of the surviving spouse or surviving domestic partner who survives the decedent; (3) Three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (4) One-half of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse or surviving domestic partner and the surviving spouse or surviving domestic partner has one or more surviving descendants who are not descendants of the decedent; or (5) One-half of any balance of the intestate estate, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse or surviving domestic partner.\", \"slug\": \"s19-dc-spouse\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/sections/19-302\"}]", "state": "Washington, DC" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-301", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-scope", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/sections/19-301", "passage_id": "dc-scope", "quote": "The real estate in the District of Columbia, of a deceased person, male or female, if not devised, shall descend in fee simple, and the surplus of the personal estate of a deceased resident of the District, if not bequeathed, shall be distributed, to the surviving spouse or surviving domestic partner, children, and other persons in the manner provided by this chapter. The heirs specified by this section take the real estate as tenants in common in the same proportions as they take the surplus personal estate as provided by this chapter.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"The real estate in the District of Columbia, of a deceased person, male or female, if not devised, shall descend in fee simple, and the surplus of the personal estate of a deceased resident of the District, if not bequeathed, shall be distributed, to the surviving spouse or surviving domestic partner, children, and other persons in the manner provided by this chapter. The heirs specified by this section take the real estate as tenants in common in the same proportions as they take the surplus personal estate as provided by this chapter.\", \"slug\": \"s19-dc-scope\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/sections/19-301\"}]", "state": "Washington, DC" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-305", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-relatives-305", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html", "passage_id": "dc-relatives-305", "quote": "The surplus, above the share of the surviving spouse or surviving domestic partner, or the whole surplus, when there is no surviving spouse or surviving domestic partner, descends and is distributed as provided by this chapter and by section 19-701 .", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"The surplus, above the share of the surviving spouse or surviving domestic partner, or the whole surplus, when there is no surviving spouse or surviving domestic partner, descends and is distributed as provided by this chapter and by section 19-701 .\", \"slug\": \"s19-dc-relatives-305\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html\"}]", "state": "Washington, DC" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-306", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-relatives-306", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html", "passage_id": "dc-relatives-306", "quote": "When the intestate leaves children and no other descendants, the surplus is divided equally among them.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"When the intestate leaves children and no other descendants, the surplus is divided equally among them.\", \"slug\": \"s19-dc-relatives-306\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html\"}]", "state": "Washington, DC" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-307", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-relatives-307", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html", "passage_id": "dc-relatives-307", "quote": "(a) Subject to subsection (b) of this section, and to section 19-319, when the intestate leaves a child and a child of a deceased child, the child of the deceased child takes such share as his deceased parent would, if living, be entitled to, and every other descendant in existence at the death of the intestate stands in the place of his deceased ancestor. (b) Those in equal degree claiming in the place of an ancestor take equal shares.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"(a) Subject to subsection (b) of this section, and to section 19-319, when the intestate leaves a child and a child of a deceased child, the child of the deceased child takes such share as his deceased parent would, if living, be entitled to, and every other descendant in existence at the death of the intestate stands in the place of his deceased ancestor. (b) Those in equal degree claiming in the place of an ancestor take equal shares.\", \"slug\": \"s19-dc-relatives-307\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html\"}]", "state": "Washington, DC" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-308", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-relatives-308", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html", "passage_id": "dc-relatives-308", "quote": "When the intestate leaves no child, or descendant, the whole is divided equally between the father and mother or their survivor.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"When the intestate leaves no child, or descendant, the whole is divided equally between the father and mother or their survivor.\", \"slug\": \"s19-dc-relatives-308\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html\"}]", "state": "Washington, DC" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-309", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-relatives-309", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html", "passage_id": "dc-relatives-309", "quote": "When the intestate leaves a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother, the brother, sister, or child or descendant of a brother or sister is entitled to the whole.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"When the intestate leaves a brother or sister, or child or descendant of a brother or sister, and no child, descendant, or father or mother, the brother, sister, or child or descendant of a brother or sister is entitled to the whole.\", \"slug\": \"s19-dc-relatives-309\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html\"}]", "state": "Washington, DC" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-310", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-relatives-310", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html", "passage_id": "dc-relatives-310", "quote": "Each brother and sister of the intestate is entitled to an equal share, and the children or descendants of a brother or sister of the intestate, stand in the place of their deceased parents respectively.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"Each brother and sister of the intestate is entitled to an equal share, and the children or descendants of a brother or sister of the intestate, stand in the place of their deceased parents respectively.\", \"slug\": \"s19-dc-relatives-310\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html\"}]", "state": "Washington, DC" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "D.C. Code § 19-311", "code": "DC", "complete": true, "conditions": "", "fact_slugs": "s19-dc-relatives-311", "next_check_on": "2027-10-23", "official_url": "https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html", "passage_id": "dc-relatives-311", "quote": "After children, descendants, parents, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree share, and representation among the collaterals is not allowed.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Council of the District of Columbia\", \"quote\": \"After children, descendants, parents, brothers, and sisters of the deceased and their descendants, all collateral relations in equal degree share, and representation among the collaterals is not allowed.\", \"slug\": \"s19-dc-relatives-311\", \"url\": \"https://code.dccouncil.gov/us/dc/council/code/titles/19/chapters/3/index.full.html\"}]", "state": "Washington, DC" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Fla. Stat. § 732.102", "code": "FL", "complete": true, "conditions": "", "fact_slugs": "s19-fl-spouse", "next_check_on": "2027-10-23", "official_url": "https://www.flsenate.gov/Laws/Statutes/2026/732.102", "passage_id": "fl-spouse", "quote": "The intestate share of the surviving spouse is: (1) If there is no surviving descendant of the decedent, the entire intestate estate. (2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. (3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. (4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Florida Senate\", \"quote\": \"The intestate share of the surviving spouse is: (1) If there is no surviving descendant of the decedent, the entire intestate estate. (2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. (3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. (4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.\", \"slug\": \"s19-fl-spouse\", \"url\": \"https://www.flsenate.gov/Laws/Statutes/2026/732.102\"}]", "state": "Florida" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Fla. Stat. § 732.103", "code": "FL", "complete": true, "conditions": "", "fact_slugs": "s19-fl-heirs", "next_check_on": "2027-10-23", "official_url": "https://www.flsenate.gov/Laws/Statutes/2026/732.103", "passage_id": "fl-heirs", "quote": "The part of the intestate estate not passing to the surviving spouse under s. 732.102 , or the entire intestate estate if there is no surviving spouse, descends as follows: (1) To the descendants of the decedent. (2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them. (3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters. (4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order: (a) To the grandfather and grandmother equally, or to the survivor of them. (b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent. (c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above. (5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate. (6) If none of the foregoing, and if any of the descendants of the decedent’s great-grandparents were Holocaust victims as defined in s. 626.9543 (3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Florida Senate\", \"quote\": \"The part of the intestate estate not passing to the surviving spouse under s. 732.102 , or the entire intestate estate if there is no surviving spouse, descends as follows: (1) To the descendants of the decedent. (2) If there is no descendant, to the decedent’s father and mother equally, or to the survivor of them. (3) If there is none of the foregoing, to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters. (4) If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent’s paternal, and the other half to the decedent’s maternal, kindred in the following order: (a) To the grandfather and grandmother equally, or to the survivor of them. (b) If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent. (c) If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above. (5) If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate. (6) If none of the foregoing, and if any of the descendants of the decedent’s great-grandparents were Holocaust victims as defined in s. 626.9543 (3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.\", \"slug\": \"s19-fl-heirs\", \"url\": \"https://www.flsenate.gov/Laws/Statutes/2026/732.103\"}]", "state": "Florida" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "Fla. Stat. § 732.101", "code": "FL", "complete": true, "conditions": "", "fact_slugs": "s19-fl-scope", "next_check_on": "2027-10-23", "official_url": "https://www.flsenate.gov/Laws/Statutes/2026/732.101", "passage_id": "fl-scope", "quote": "(1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code. (2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Florida Senate\", \"quote\": \"(1) Any part of the estate of a decedent not effectively disposed of by will passes to the decedent’s heirs as prescribed in the following sections of this code. (2) The decedent’s death is the event that vests the heirs’ right to the decedent’s intestate property.\", \"slug\": \"s19-fl-scope\", \"url\": \"https://www.flsenate.gov/Laws/Statutes/2026/732.101\"}]", "state": "Florida" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Fla. Stat. § 732.401(1)–(2)(e), first sentence of (e)", "code": "FL", "complete": true, "conditions": "", "fact_slugs": "s19-fl-homestead", "next_check_on": "2027-10-23", "official_url": "https://www.flsenate.gov/Laws/Statutes/2026/732.401", "passage_id": "fl-homestead", "quote": "(1) If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedent’s death per stirpes. (2) In lieu of a life estate under subsection (1), the surviving spouse may elect to take an undivided one-half interest in the homestead as a tenant in common, with the remaining undivided one-half interest vesting in the decedent’s descendants in being at the time of the decedent’s death, per stirpes. (a) The right of election may be exercised: 1. By the surviving spouse; or 2. With the approval of a court having jurisdiction of the real property, by an attorney in fact or guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime. (b) The election must be made within 6 months after the decedent’s death and during the surviving spouse’s lifetime. The time for making the election may not be extended except as provided in paragraph (c). (c) A petition by an attorney in fact or by a guardian of the property of the surviving spouse for approval to make the election must be filed within 6 months after the decedent’s death and during the surviving spouse’s lifetime. If the petition is timely filed, the time for making the election shall be extended for at least 30 days after the rendition of the order allowing the election. (d) Once made, the election is irrevocable. (e) The election must be made by filing a notice of election containing the legal description of the homestead property for recording in the official record books of the county or counties where the homestead property is located.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Florida Senate\", \"quote\": \"(1) If not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedent’s death per stirpes. (2) In lieu of a life estate under subsection (1), the surviving spouse may elect to take an undivided one-half interest in the homestead as a tenant in common, with the remaining undivided one-half interest vesting in the decedent’s descendants in being at the time of the decedent’s death, per stirpes. (a) The right of election may be exercised: 1. By the surviving spouse; or 2. With the approval of a court having jurisdiction of the real property, by an attorney in fact or guardian of the property of the surviving spouse. Before approving the election, the court shall determine that the election is in the best interests of the surviving spouse during the spouse’s probable lifetime. (b) The election must be made within 6 months after the decedent’s death and during the surviving spouse’s lifetime. The time for making the election may not be extended except as provided in paragraph (c). (c) A petition by an attorney in fact or by a guardian of the property of the surviving spouse for approval to make the election must be filed within 6 months after the decedent’s death and during the surviving spouse’s lifetime. If the petition is timely filed, the time for making the election shall be extended for at least 30 days after the rendition of the order allowing the election. (d) Once made, the election is irrevocable. (e) The election must be made by filing a notice of election containing the legal description of the homestead property for recording in the official record books of the county or counties where the homestead property is located.\", \"slug\": \"s19-fl-homestead\", \"url\": \"https://www.flsenate.gov/Laws/Statutes/2026/732.401\"}]", "state": "Florida" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Fla. Stat. § 732.402", "code": "FL", "complete": true, "conditions": "", "fact_slugs": "s19-fl-exempt", "next_check_on": "2027-01-23", "official_url": "https://www.flsenate.gov/Laws/Statutes/2026/732.402", "passage_id": "fl-exempt", "quote": "(1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.” (2) Exempt property shall consist of: (a) Household furniture, furnishings, and appliances in the decedent’s usual place of abode up to a net value of $20,000 as of the date of death. (b) Two motor vehicles as defined in s. 316.003 , which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles. (c) All qualified tuition programs authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and the Florida Prepaid College Trust Fund participation agreements under s. 1009.981 . (d) All benefits paid pursuant to s. 112.1915 . (3) Exempt property shall be exempt from all claims against the estate except perfected security interests thereon. (4) Exempt property shall be in addition to protected homestead, statutory entitlements, and property passing under the decedent’s will or by intestate succession. (5) Property specifically or demonstratively devised by the decedent’s will to any devisee shall not be included in exempt property. However, persons to whom property has been specifically or demonstratively devised and who would otherwise be entitled to it as exempt property under this section may have the court determine the property to be exempt from claims, except for perfected security interests thereon, after complying with the provisions of subsection (6). (6) Persons entitled to exempt property shall be deemed to have waived their rights under this section unless a petition for determination of exempt property is filed by or on behalf of the persons entitled to the exempt property on or before the later of the date that is 4 months after the date of service of the notice of administration or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the estate subject to this section. (7) Property determined as exempt under this section shall be excluded from the value of the estate before residuary, intestate, or pretermitted or elective shares are determined.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Florida Senate\", \"quote\": \"(1) If a decedent was domiciled in this state at the time of death, the surviving spouse, or, if there is no surviving spouse, the children of the decedent shall have the right to a share of the estate of the decedent as provided in this section, to be designated “exempt property.” (2) Exempt property shall consist of: (a) Household furniture, furnishings, and appliances in the decedent’s usual place of abode up to a net value of $20,000 as of the date of death. (b) Two motor vehicles as defined in s. 316.003 , which do not, individually as to either such motor vehicle, have a gross vehicle weight in excess of 15,000 pounds, held in the decedent’s name and regularly used by the decedent or members of the decedent’s immediate family as their personal motor vehicles. (c) All qualified tuition programs authorized by s. 529 of the Internal Revenue Code of 1986, as amended, including, but not limited to, the Florida Prepaid College Trust Fund advance payment contracts under s. 1009.98 and the Florida Prepaid College Trust Fund participation agreements under s. 1009.981 . (d) All benefits paid pursuant to s. 112.1915 . (3) Exempt property shall be exempt from all claims against the estate except perfected security interests thereon. (4) Exempt property shall be in addition to protected homestead, statutory entitlements, and property passing under the decedent’s will or by intestate succession. (5) Property specifically or demonstratively devised by the decedent’s will to any devisee shall not be included in exempt property. However, persons to whom property has been specifically or demonstratively devised and who would otherwise be entitled to it as exempt property under this section may have the court determine the property to be exempt from claims, except for perfected security interests thereon, after complying with the provisions of subsection (6). (6) Persons entitled to exempt property shall be deemed to have waived their rights under this section unless a petition for determination of exempt property is filed by or on behalf of the persons entitled to the exempt property on or before the later of the date that is 4 months after the date of service of the notice of administration or the date that is 40 days after the date of termination of any proceeding involving the construction, admission to probate, or validity of the will or involving any other matter affecting any part of the estate subject to this section. (7) Property determined as exempt under this section shall be excluded from the value of the estate before residuary, intestate, or pretermitted or elective shares are determined.\", \"slug\": \"s19-fl-exempt\", \"url\": \"https://www.flsenate.gov/Laws/Statutes/2026/732.402\"}]", "state": "Florida" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Fla. Stat. § 732.401(3)–(5)", "code": "FL", "complete": true, "conditions": "", "fact_slugs": "s19-fl-homestead-other-conditions", "next_check_on": "2027-10-23", "official_url": "https://www.flsenate.gov/Laws/Statutes/2026/732.401", "passage_id": "fl-homestead-other-conditions", "quote": "(3) Unless and until an election is made under subsection (2), expenses relating to the ownership of the homestead shall be allocated between the surviving spouse, as life tenant, and the decedent’s descendants, as remaindermen, in accordance with chapter 738. If an election is made, expenses relating to the ownership of the homestead shall be allocated between the surviving spouse and the descendants as tenants in common in proportion to their respective shares, effective as of the date the election is filed for recording. (4) If the surviving spouse’s life estate created in subsection (1) is disclaimed pursuant to chapter 739, the interests of the decedent’s descendants may not be divested. (5) This section does not apply to property that the decedent owned in tenancy by the entireties or in joint tenancy with rights of survivorship.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Florida Senate\", \"quote\": \"(3) Unless and until an election is made under subsection (2), expenses relating to the ownership of the homestead shall be allocated between the surviving spouse, as life tenant, and the decedent’s descendants, as remaindermen, in accordance with chapter 738. If an election is made, expenses relating to the ownership of the homestead shall be allocated between the surviving spouse and the descendants as tenants in common in proportion to their respective shares, effective as of the date the election is filed for recording. (4) If the surviving spouse’s life estate created in subsection (1) is disclaimed pursuant to chapter 739, the interests of the decedent’s descendants may not be divested. (5) This section does not apply to property that the decedent owned in tenancy by the entireties or in joint tenancy with rights of survivorship.\", \"slug\": \"s19-fl-homestead-other-conditions\", \"url\": \"https://www.flsenate.gov/Laws/Statutes/2026/732.401\"}]", "state": "Florida" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "O.C.G.A. § 53-2-1(c)(1)", "code": "GA", "complete": true, "conditions": "", "fact_slugs": "s19-ga-spouse", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/gacode/", "passage_id": "ga-spouse", "quote": "(c) Except as provided in subsection (d) of this Code section, when a decedent died without a will, the following rules shall determine such decedent’s heirs: (1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child’s share, per stirpes; provided, however, that the spouse’s portion shall not be less than a one-third share;", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Georgia General Assembly Public Access, LexisNexis\", \"quote\": \"(c) Except as provided in subsection (d) of this Code section, when a decedent died without a will, the following rules shall determine such decedent’s heirs: (1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child’s share, per stirpes; provided, however, that the spouse’s portion shall not be less than a one-third share;\", \"slug\": \"s19-ga-spouse\", \"url\": \"https://www.lexisnexis.com/hottopics/gacode/\"}]", "state": "Georgia" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "O.C.G.A. § 53-2-1(c)(2)-(8)", "code": "GA", "complete": true, "conditions": "", "fact_slugs": "s19-ga-heirs", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/gacode/", "passage_id": "ga-heirs", "quote": "(2) If the decedent is not survived by a spouse, the heirs shall be those relatives, as provided in this Code section, who are in the nearest degree to the decedent in which there is any survivor; (3) Children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life; (4) Parents of the decedent are in the second degree, and those who survive the decedent shall share the estate equally; (5) Siblings of the decedent are in the third degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased sibling taking, per stirpes, the share that sibling would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no sibling survives the decedent, the nieces and nephews who survive the decedent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life; (6) Grandparents of the decedent are in the fourth degree, and those who survive the decedent shall share the estate equally; (7) Uncles and aunts of the decedent are in the fifth degree, and those who survive the decedent shall share the estate equally, with the children of any deceased uncle or aunt taking, per stirpes, the share that uncle or aunt would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no uncle or aunt of the decedent survives the decedent, the first cousins who survive the decedent shall share the estate equally; and (8) The more remote degrees of kinship shall be determined by counting the number of steps in the chain from the relative to the closest common ancestor of the relative and decedent and the number of steps in the chain from the common ancestor to the decedent. The sum of the steps in the two chains shall be the degree of kinship, and the surviving relatives with the lowest sum shall be in the nearest degree and shall share the estate equally.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Georgia General Assembly Public Access, LexisNexis\", \"quote\": \"(2) If the decedent is not survived by a spouse, the heirs shall be those relatives, as provided in this Code section, who are in the nearest degree to the decedent in which there is any survivor; (3) Children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life; (4) Parents of the decedent are in the second degree, and those who survive the decedent shall share the estate equally; (5) Siblings of the decedent are in the third degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased sibling taking, per stirpes, the share that sibling would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no sibling survives the decedent, the nieces and nephews who survive the decedent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life; (6) Grandparents of the decedent are in the fourth degree, and those who survive the decedent shall share the estate equally; (7) Uncles and aunts of the decedent are in the fifth degree, and those who survive the decedent shall share the estate equally, with the children of any deceased uncle or aunt taking, per stirpes, the share that uncle or aunt would have taken if in life; provided, however, that, subject to the provisions of paragraph (1) of subsection (f) of Code Section 53-1-20, if no uncle or aunt of the decedent survives the decedent, the first cousins who survive the decedent shall share the estate equally; and (8) The more remote degrees of kinship shall be determined by counting the number of steps in the chain from the relative to the closest common ancestor of the relative and decedent and the number of steps in the chain from the common ancestor to the decedent. The sum of the steps in the two chains shall be the degree of kinship, and the surviving relatives with the lowest sum shall be in the nearest degree and shall share the estate equally.\", \"slug\": \"s19-ga-heirs\", \"url\": \"https://www.lexisnexis.com/hottopics/gacode/\"}]", "state": "Georgia" }, { "category": "Other conditions to read", "checked_on": "2026-10-24", "citation": "O.C.G.A. § 53-2-1(b)", "code": "GA", "complete": true, "conditions": "", "fact_slugs": "s19-ga-after-born", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/gacode/", "passage_id": "ga-after-born", "quote": "(b) For purposes of this Code section: (1) Children of the decedent who are born after the decedent’s death are considered children in being at the decedent’s death, provided they were conceived prior to the decedent’s death, were born within ten months of the decedent’s death, and survived 120 hours or more after birth; and (2) The half-blood, whether on the maternal or paternal side, are considered equally with the whole-blood, so that the children of any common parent are treated as brothers and sisters to each other.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Georgia General Assembly Public Access, LexisNexis\", \"quote\": \"(b) For purposes of this Code section: (1) Children of the decedent who are born after the decedent’s death are considered children in being at the decedent’s death, provided they were conceived prior to the decedent’s death, were born within ten months of the decedent’s death, and survived 120 hours or more after birth; and (2) The half-blood, whether on the maternal or paternal side, are considered equally with the whole-blood, so that the children of any common parent are treated as brothers and sisters to each other.\", \"slug\": \"s19-ga-after-born\", \"url\": \"https://www.lexisnexis.com/hottopics/gacode/\"}]", "state": "Georgia" }, { "category": "Other conditions to read", "checked_on": "2026-10-24", "citation": "O.C.G.A. § 53-2-1(d)", "code": "GA", "complete": true, "conditions": "", "fact_slugs": "s19-ga-abandonment", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/gacode/", "passage_id": "ga-abandonment", "quote": "(d) Except as provided in Code Sections 19-7-1 and 51-4-4 for the right of recovery for the wrongful death of a child, when a minor child dies without a will, a parent who willfully abandoned his or her minor child and has maintained such abandonment shall lose all right to intestate succession to the minor child’s estate and shall not have the right to administer the minor child’s estate. A parent who has been deprived of the custody of his or her minor child under an order of a court of competent jurisdiction and who has substantially complied with the support requirements of the order shall not be barred from inheriting from the minor child’s estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Georgia General Assembly Public Access, LexisNexis\", \"quote\": \"(d) Except as provided in Code Sections 19-7-1 and 51-4-4 for the right of recovery for the wrongful death of a child, when a minor child dies without a will, a parent who willfully abandoned his or her minor child and has maintained such abandonment shall lose all right to intestate succession to the minor child’s estate and shall not have the right to administer the minor child’s estate. A parent who has been deprived of the custody of his or her minor child under an order of a court of competent jurisdiction and who has substantially complied with the support requirements of the order shall not be barred from inheriting from the minor child’s estate.\", \"slug\": \"s19-ga-abandonment\", \"url\": \"https://www.lexisnexis.com/hottopics/gacode/\"}]", "state": "Georgia" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Haw. Rev. Stat. § 560:2-102", "code": "HI", "complete": true, "conditions": "", "fact_slugs": "s19-hi-spouse", "next_check_on": "2027-01-23", "official_url": "https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0102.htm", "passage_id": "hi-spouse", "quote": "The intestate share of a decedent's surviving spouse or reciprocal beneficiary shall be: (1) The entire intestate estate if: (A) No descendant or parent of the decedent survives the decedent; or (B) All of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and there is no other descendant of the surviving spouse or reciprocal beneficiary who survives the decedent; (2) The first $400,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first $330,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and the surviving spouse or reciprocal beneficiary has one or more surviving descendants who are not descendants of the decedent; or (4) The first $220,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse or reciprocal beneficiary.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Hawaii State Legislature\", \"quote\": \"The intestate share of a decedent's surviving spouse or reciprocal beneficiary shall be: (1) The entire intestate estate if: (A) No descendant or parent of the decedent survives the decedent; or (B) All of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and there is no other descendant of the surviving spouse or reciprocal beneficiary who survives the decedent; (2) The first $400,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) The first $330,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and the surviving spouse or reciprocal beneficiary has one or more surviving descendants who are not descendants of the decedent; or (4) The first $220,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse or reciprocal beneficiary.\", \"slug\": \"s19-hi-spouse\", \"url\": \"https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0102.htm\"}]", "state": "Hawaii" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Haw. Rev. Stat. § 560:2-103", "code": "HI", "complete": true, "conditions": "", "fact_slugs": "s19-hi-heirs", "next_check_on": "2027-10-23", "official_url": "https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0103.htm", "passage_id": "hi-heirs", "quote": "(a) Definitions. In this section: \"Deceased parent\", \"deceased grandparent\", or \"deceased spouse\" means a parent, grandparent, or spouse, as applicable, who either predeceased the decedent or is deemed under this article to have predeceased the decedent. \"Surviving parent\", \"surviving grandparent\", \"surviving spouse\", \"surviving reciprocal beneficiary\", or \"surviving descendant\" means a parent, grandparent, spouse, reciprocal beneficiary, or descendant who neither predeceased the decedent nor is deemed under this article to have predeceased the decedent. (b) Heirs other than surviving spouse or reciprocal beneficiary. Any part of the intestate estate not passing to the decedent's surviving spouse or reciprocal beneficiary under section 560:2-102 shall pass to the decedent's descendants or parents as provided in subsections (c) and (d). If there is no surviving spouse or reciprocal beneficiary, the entire interest estate shall pass to the decedent's descendants, parents, or other heirs as provided in subsections (c) through (j). (c) Surviving descendant. If a decedent is survived by one or more descendants, any part of the intestate estate not passed to the surviving spouse or reciprocal beneficiary shall pass by representation to the decedent's surviving descendants. (d) Surviving parent. If a decedent is not survived by a descendant but is survived by one or more parents, any part of the intestate share not passing to the surviving spouse or reciprocal beneficiary shall be distributed as follows: (1) The intestate estate or part thereof shall be divided into as many equal shares as there are: (A) Surviving parents; and (B) Deceased parents with one or more surviving descendants, if any, as determined under subsection (e); (2) One share shall pass to each surviving parent; provided that if the decedent is a minor, and if it is shown by clear and convincing evidence that any parent has: (A) Deserted the minor without affording means of identification for a period of at least ninety days; (B) Failed to communicate with the minor when able to do so for a period of at least one year when the minor is in the custody of another; or (C) Failed to provide for care and support of the minor when able to do so for a period of at least one year when the minor is in the custody of another, despite an order requiring child support, the parent shall be deemed to have predeceased the decedent; and (3) The balance of the intestate estate or part thereof, if any, shall pass by representation to the surviving descendants of the decedent's deceased parents, as determined under subsection (e). (e) When a parent survives: computation of shares of surviving descendants of a deceased parent. The following rules shall apply under subsection (d) to determine whether a deceased parent of the decedent is treated as having a surviving descendant: (1) If all the surviving descendants of one or more deceased parents are also descendants of one or more surviving parents, those descendants shall be deemed to have predeceased the decedent; and (2) If two or more deceased parents have the same surviving descendants and none of those deceased parents has any other surviving descendants, those deceased parents shall be deemed to be one deceased parent with surviving descendants. (f) Surviving descendant of deceased parent. If a decedent is not survived by a descendant or parent but is survived by one or more descendants of a deceased parent, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased parents. (g) Surviving grandparents. If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the intestate estate shall be distributed as follows: (1) The intestate estate shall be divided into as many equal shares as there are: (A) Surviving grandparents; and (B) Deceased grandparents with one or more surviving descendants, if any, as determined under subsection (h); (2) One share shall pass to each surviving grandparent; and (3) The balance of the intestate estate, if any, shall pass by representation to the surviving descendants of the decedent's deceased grandparents, as determined under subsection (h). (h) When a grandparent survives: computation of shares of surviving descendants of a deceased grandparent. The following rules shall apply under subsection (g) to determine whether a deceased grandparent of the decedent is treated as having a surviving descendant: (1) If all the surviving descendants of one or more deceased grandparents are also descendants of one or more surviving grandparents, those descendants shall be deemed to have predeceased the decedent; and (2) If two or more deceased grandparents have the same surviving descendants and none of those deceased grandparents has any other surviving descendant, those deceased grandparents shall be deemed to be one deceased grandparent with surviving descendants. (i) Surviving descendant of deceased grandparent. If a decedent is not survived by a descendant, parent, descendant of a parent, or grandparent but is survived by one or more descendants of a grandparent, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased grandparents. (j) Surviving descendants of deceased spouse or reciprocal beneficiary. If a decedent is not survived by a descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent but is survived by one or more descendants of a deceased spouse or reciprocal beneficiary, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased spouses or reciprocal beneficiaries.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Hawaii State Legislature\", \"quote\": \"(a) Definitions. In this section: \\\"Deceased parent\\\", \\\"deceased grandparent\\\", or \\\"deceased spouse\\\" means a parent, grandparent, or spouse, as applicable, who either predeceased the decedent or is deemed under this article to have predeceased the decedent. \\\"Surviving parent\\\", \\\"surviving grandparent\\\", \\\"surviving spouse\\\", \\\"surviving reciprocal beneficiary\\\", or \\\"surviving descendant\\\" means a parent, grandparent, spouse, reciprocal beneficiary, or descendant who neither predeceased the decedent nor is deemed under this article to have predeceased the decedent. (b) Heirs other than surviving spouse or reciprocal beneficiary. Any part of the intestate estate not passing to the decedent's surviving spouse or reciprocal beneficiary under section 560:2-102 shall pass to the decedent's descendants or parents as provided in subsections (c) and (d). If there is no surviving spouse or reciprocal beneficiary, the entire interest estate shall pass to the decedent's descendants, parents, or other heirs as provided in subsections (c) through (j). (c) Surviving descendant. If a decedent is survived by one or more descendants, any part of the intestate estate not passed to the surviving spouse or reciprocal beneficiary shall pass by representation to the decedent's surviving descendants. (d) Surviving parent. If a decedent is not survived by a descendant but is survived by one or more parents, any part of the intestate share not passing to the surviving spouse or reciprocal beneficiary shall be distributed as follows: (1) The intestate estate or part thereof shall be divided into as many equal shares as there are: (A) Surviving parents; and (B) Deceased parents with one or more surviving descendants, if any, as determined under subsection (e); (2) One share shall pass to each surviving parent; provided that if the decedent is a minor, and if it is shown by clear and convincing evidence that any parent has: (A) Deserted the minor without affording means of identification for a period of at least ninety days; (B) Failed to communicate with the minor when able to do so for a period of at least one year when the minor is in the custody of another; or (C) Failed to provide for care and support of the minor when able to do so for a period of at least one year when the minor is in the custody of another, despite an order requiring child support, the parent shall be deemed to have predeceased the decedent; and (3) The balance of the intestate estate or part thereof, if any, shall pass by representation to the surviving descendants of the decedent's deceased parents, as determined under subsection (e). (e) When a parent survives: computation of shares of surviving descendants of a deceased parent. The following rules shall apply under subsection (d) to determine whether a deceased parent of the decedent is treated as having a surviving descendant: (1) If all the surviving descendants of one or more deceased parents are also descendants of one or more surviving parents, those descendants shall be deemed to have predeceased the decedent; and (2) If two or more deceased parents have the same surviving descendants and none of those deceased parents has any other surviving descendants, those deceased parents shall be deemed to be one deceased parent with surviving descendants. (f) Surviving descendant of deceased parent. If a decedent is not survived by a descendant or parent but is survived by one or more descendants of a deceased parent, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased parents. (g) Surviving grandparents. If a decedent is not survived by a descendant, parent, or descendant of a parent but is survived by one or more grandparents, the intestate estate shall be distributed as follows: (1) The intestate estate shall be divided into as many equal shares as there are: (A) Surviving grandparents; and (B) Deceased grandparents with one or more surviving descendants, if any, as determined under subsection (h); (2) One share shall pass to each surviving grandparent; and (3) The balance of the intestate estate, if any, shall pass by representation to the surviving descendants of the decedent's deceased grandparents, as determined under subsection (h). (h) When a grandparent survives: computation of shares of surviving descendants of a deceased grandparent. The following rules shall apply under subsection (g) to determine whether a deceased grandparent of the decedent is treated as having a surviving descendant: (1) If all the surviving descendants of one or more deceased grandparents are also descendants of one or more surviving grandparents, those descendants shall be deemed to have predeceased the decedent; and (2) If two or more deceased grandparents have the same surviving descendants and none of those deceased grandparents has any other surviving descendant, those deceased grandparents shall be deemed to be one deceased grandparent with surviving descendants. (i) Surviving descendant of deceased grandparent. If a decedent is not survived by a descendant, parent, descendant of a parent, or grandparent but is survived by one or more descendants of a grandparent, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased grandparents. (j) Surviving descendants of deceased spouse or reciprocal beneficiary. If a decedent is not survived by a descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent but is survived by one or more descendants of a deceased spouse or reciprocal beneficiary, the intestate estate shall pass by representation to the surviving descendants of the decedent's deceased spouses or reciprocal beneficiaries.\", \"slug\": \"s19-hi-heirs\", \"url\": \"https://data.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0560/HRS_0560-0002-0103.htm\"}]", "state": "Hawaii" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "Idaho Code § 15-2-102", "code": "ID", "complete": true, "conditions": "", "fact_slugs": "s19-id-spouse", "next_check_on": "2027-01-24", "official_url": "https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-102/", "passage_id": "id-spouse", "quote": "The intestate share of the surviving spouse is as follows: (a) As to separate property: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate; (3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate. (b) As to community property: (1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Idaho State Legislature\", \"quote\": \"The intestate share of the surviving spouse is as follows: (a) As to separate property: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate; (2) If there is no surviving issue but the decedent is survived by a parent or parents, one-half (1/2) of the intestate estate; (3) If there are surviving issue of the deceased spouse, one-half (1/2) of the intestate estate. (b) As to community property: (1) The one-half (1/2) of community property which belongs to the decedent passes to the surviving spouse.\", \"slug\": \"s19-id-spouse\", \"url\": \"https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-102/\"}]", "state": "Idaho" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "Idaho Code § 15-2-103", "code": "ID", "complete": true, "conditions": "", "fact_slugs": "s19-id-heirs", "next_check_on": "2027-01-24", "official_url": "https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-103/", "passage_id": "id-heirs", "quote": "The part of the intestate estate not passing to the surviving spouse under section 15-2-102 of this part, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (b) If there is no surviving issue, to his parent or parents equally; (c) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one (1) or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparents on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Idaho State Legislature\", \"quote\": \"The part of the intestate estate not passing to the surviving spouse under section 15-2-102 of this part, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (b) If there is no surviving issue, to his parent or parents equally; (c) If there is no surviving issue or parent, to the issue of the parents or either of them by representation; (d) If there is no surviving issue, parent or issue of a parent, but the decedent is survived by one (1) or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparents on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.\", \"slug\": \"s19-id-heirs\", \"url\": \"https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH2/SECT15-2-103/\"}]", "state": "Idaho" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "755 ILCS 5/2-1(a)-(c)", "code": "IL", "complete": true, "conditions": "", "fact_slugs": "s19-il-spouse", "next_check_on": "2027-01-24", "official_url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K2-1.htm", "passage_id": "il-spouse", "quote": "The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows: (a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes. (b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes. (c) If there is a surviving spouse but no descendant of the decedent: the entire estate to the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Illinois General Assembly\", \"quote\": \"The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows: (a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes. (b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes. (c) If there is a surviving spouse but no descendant of the decedent: the entire estate to the surviving spouse.\", \"slug\": \"s19-il-spouse\", \"url\": \"https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K2-1.htm\"}]", "state": "Illinois" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "755 ILCS 5/2-1(d)-(h)", "code": "IL", "complete": true, "conditions": "", "fact_slugs": "s19-il-heirs", "next_check_on": "2027-01-24", "official_url": "https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K2-1.htm", "passage_id": "il-heirs", "quote": "(d) If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living. (e) If there is no surviving spouse, descendant, parent, brother, sister or descendant of a brother or sister of the decedent but a grandparent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedent's maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes, and (2) 1/2 of the entire estate to the decedent's paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving paternal grandparent or descendant of a paternal grandparent, but a maternal grandparent or descendant of a maternal grandparent of the decedent: the entire estate to the decedent's maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving maternal grandparent or descendant of a maternal grandparent, but a paternal grandparent or descendant of a paternal grandparent of the decedent: the entire estate to the decedent's paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. (f) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister or grandparent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedent's maternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes, and (2) 1/2 of the entire estate to the decedent's paternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving paternal great-grandparent or descendant of a paternal great-grandparent, but a maternal great-grandparent or descendant of a maternal great-grandparent of the decedent: the entire estate to the decedent's maternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving maternal great-grandparent or descendant of a maternal great-grandparent, but a paternal great-grandparent or descendant of a paternal great-grandparent of the decedent: the entire estate to the decedent's paternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. (g) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister, grandparent, descendant of a grandparent, great-grandparent or descendant of a great-grandparent of the decedent: the entire estate in equal parts to the nearest kindred of the decedent in equal degree (computing by the rules of the civil law) and without representation. (h) If there is no surviving spouse and no known kindred of the decedent: the real estate escheats to the county in which it is located; the personal estate physically located within this State and the personal estate physically located or held outside this State which is the subject of ancillary administration of an estate being administered within this State escheats to the county of which the decedent was a resident, or, if the decedent was not a resident of this State, to the county in which it is located; all other personal property of the decedent of every class and character, wherever situate, or the proceeds thereof, shall escheat to this State and be delivered to the State Treasurer pursuant to the Revised Uniform Unclaimed Property Act. In no case is there any distinction between the kindred of the whole and the half blood.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Illinois General Assembly\", \"quote\": \"(d) If there is no surviving spouse or descendant but a parent, brother, sister or descendant of a brother or sister of the decedent: the entire estate to the parents, brothers and sisters of the decedent in equal parts, allowing to the surviving parent if one is dead a double portion and to the descendants of a deceased brother or sister per stirpes the portion which the deceased brother or sister would have taken if living. (e) If there is no surviving spouse, descendant, parent, brother, sister or descendant of a brother or sister of the decedent but a grandparent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedent's maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes, and (2) 1/2 of the entire estate to the decedent's paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving paternal grandparent or descendant of a paternal grandparent, but a maternal grandparent or descendant of a maternal grandparent of the decedent: the entire estate to the decedent's maternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving maternal grandparent or descendant of a maternal grandparent, but a paternal grandparent or descendant of a paternal grandparent of the decedent: the entire estate to the decedent's paternal grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. (f) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister or grandparent or descendant of a grandparent of the decedent: (1) 1/2 of the entire estate to the decedent's maternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes, and (2) 1/2 of the entire estate to the decedent's paternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving paternal great-grandparent or descendant of a paternal great-grandparent, but a maternal great-grandparent or descendant of a maternal great-grandparent of the decedent: the entire estate to the decedent's maternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. If there is no surviving maternal great-grandparent or descendant of a maternal great-grandparent, but a paternal great-grandparent or descendant of a paternal great-grandparent of the decedent: the entire estate to the decedent's paternal great-grandparents in equal parts or to the survivor of them, or if there is none surviving, to their descendants per stirpes. (g) If there is no surviving spouse, descendant, parent, brother, sister, descendant of a brother or sister, grandparent, descendant of a grandparent, great-grandparent or descendant of a great-grandparent of the decedent: the entire estate in equal parts to the nearest kindred of the decedent in equal degree (computing by the rules of the civil law) and without representation. (h) If there is no surviving spouse and no known kindred of the decedent: the real estate escheats to the county in which it is located; the personal estate physically located within this State and the personal estate physically located or held outside this State which is the subject of ancillary administration of an estate being administered within this State escheats to the county of which the decedent was a resident, or, if the decedent was not a resident of this State, to the county in which it is located; all other personal property of the decedent of every class and character, wherever situate, or the proceeds thereof, shall escheat to this State and be delivered to the State Treasurer pursuant to the Revised Uniform Unclaimed Property Act. In no case is there any distinction between the kindred of the whole and the half blood.\", \"slug\": \"s19-il-heirs\", \"url\": \"https://www.ilga.gov/Documents/legislation/ilcs/documents/075500050K2-1.htm\"}]", "state": "Illinois" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "Ind. Code § 29-1-2-1(a)-(b)", "code": "IN", "complete": true, "conditions": "", "fact_slugs": "s19-in-spouse", "next_check_on": "2027-01-24", "official_url": "https://iga.in.gov/ic/2026/Title_29.pdf", "passage_id": "in-spouse", "quote": "(a) The estate of a person dying intestate shall descend and be distributed as provided in this section. (b) Except as otherwise provided in subsection (c), the surviving spouse shall receive the following share: (1) One-half (1/2) of the net estate if the intestate is survived by at least one (1) child or by the issue of at least one (1) deceased child. (2) Three-fourths (3/4) of the net estate, if there is no surviving issue, but the intestate is survived by one (1) or both of the intestate's parents. (3) All of the net estate, if there is no surviving issue or parent.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Indiana General Assembly\", \"quote\": \"(a) The estate of a person dying intestate shall descend and be distributed as provided in this section. (b) Except as otherwise provided in subsection (c), the surviving spouse shall receive the following share: (1) One-half (1/2) of the net estate if the intestate is survived by at least one (1) child or by the issue of at least one (1) deceased child. (2) Three-fourths (3/4) of the net estate, if there is no surviving issue, but the intestate is survived by one (1) or both of the intestate's parents. (3) All of the net estate, if there is no surviving issue or parent.\", \"slug\": \"s19-in-spouse\", \"url\": \"https://iga.in.gov/ic/2026/Title_29.pdf\"}]", "state": "Indiana" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "Ind. Code § 29-1-2-1(d)", "code": "IN", "complete": true, "conditions": "", "fact_slugs": "s19-in-heirs", "next_check_on": "2027-01-24", "official_url": "https://iga.in.gov/ic/2026/Title_29.pdf", "passage_id": "in-heirs", "quote": "(d) The share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows: (1) To the issue of the intestate, if they are all of the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degrees shall take by representation. (2) Except as provided in subsection (e), if there is a surviving spouse but no surviving issue of the intestate, then to the surviving parents of the intestate. (3) Except as provided in subsection (e), if there is no surviving spouse or issue of the intestate, then to the surviving parents, brothers, and sisters, and the issue of deceased brothers and sisters of the intestate. Each living parent of the intestate shall be treated as of the same degree as a brother or sister and shall be entitled to the same share as a brother or sister. However, the share of each parent shall be not less than one-fourth (1/4) of the decedent's net estate. Issue of deceased brothers and sisters shall take by representation. (4) If there is no surviving parent or brother or sister of the intestate, then to the issue of brothers and sisters. If the distributees described in this subdivision are all in the same degree of kinship to the intestate, they shall take equally or, if of unequal degree, then those of more remote degrees shall take by representation. (5) If there is no surviving issue or parent of the intestate or issue of a parent, then to the surviving grandparents of the intestate equally. (6) If there is no surviving issue or parent or issue of a parent, or grandparent of the intestate, then the estate of the decedent shall be divided into that number of shares equal to the sum of: (A) the number of brothers and sisters of the decedent's parents surviving the decedent; plus (B) the number of deceased brothers and sisters of the decedent's parents leaving issue surviving both them and the decedent; and one (1) of the shares shall pass to each of the brothers and sisters of the decedent's parents or their respective issue per stirpes. (7) If interests in real estate go to a husband and wife under this subsection, the aggregate interests so descending shall be owned by them as tenants by the entireties. Interests in personal property so descending shall be owned as tenants in common. (8) If there is no person mentioned in subdivisions (1) through (7), then to the state.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Indiana General Assembly\", \"quote\": \"(d) The share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, shall descend and be distributed as follows: (1) To the issue of the intestate, if they are all of the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degrees shall take by representation. (2) Except as provided in subsection (e), if there is a surviving spouse but no surviving issue of the intestate, then to the surviving parents of the intestate. (3) Except as provided in subsection (e), if there is no surviving spouse or issue of the intestate, then to the surviving parents, brothers, and sisters, and the issue of deceased brothers and sisters of the intestate. Each living parent of the intestate shall be treated as of the same degree as a brother or sister and shall be entitled to the same share as a brother or sister. However, the share of each parent shall be not less than one-fourth (1/4) of the decedent's net estate. Issue of deceased brothers and sisters shall take by representation. (4) If there is no surviving parent or brother or sister of the intestate, then to the issue of brothers and sisters. If the distributees described in this subdivision are all in the same degree of kinship to the intestate, they shall take equally or, if of unequal degree, then those of more remote degrees shall take by representation. (5) If there is no surviving issue or parent of the intestate or issue of a parent, then to the surviving grandparents of the intestate equally. (6) If there is no surviving issue or parent or issue of a parent, or grandparent of the intestate, then the estate of the decedent shall be divided into that number of shares equal to the sum of: (A) the number of brothers and sisters of the decedent's parents surviving the decedent; plus (B) the number of deceased brothers and sisters of the decedent's parents leaving issue surviving both them and the decedent; and one (1) of the shares shall pass to each of the brothers and sisters of the decedent's parents or their respective issue per stirpes. (7) If interests in real estate go to a husband and wife under this subsection, the aggregate interests so descending shall be owned by them as tenants by the entireties. Interests in personal property so descending shall be owned as tenants in common. (8) If there is no person mentioned in subdivisions (1) through (7), then to the state.\", \"slug\": \"s19-in-heirs\", \"url\": \"https://iga.in.gov/ic/2026/Title_29.pdf\"}]", "state": "Indiana" }, { "category": "Other conditions to read", "checked_on": "2026-10-24", "citation": "Ind. Code § 29-1-2-1(c)", "code": "IN", "complete": true, "conditions": "", "fact_slugs": "s19-in-subsequent-spouse", "next_check_on": "2027-01-24", "official_url": "https://iga.in.gov/ic/2026/Title_29.pdf", "passage_id": "in-subsequent-spouse", "quote": "(c) If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving the decedent a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall take only an amount equal to twenty-five percent (25%) of the remainder of: (1) the fair market value as of the date of death of the real property of the deceased spouse; minus (2) the value of the liens and encumbrances on the real property of the deceased spouse. The fee shall, at the decedent's death, vest at once in the decedent's surviving child or children, or the descendants of the decedent's child or children who may be dead. A second or subsequent childless spouse described in this subsection shall, however, receive the same share of the personal property of the decedent as is provided in subsection (b) with respect to surviving spouses generally.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Indiana General Assembly\", \"quote\": \"(c) If the surviving spouse is a second or other subsequent spouse who did not at any time have children by the decedent, and the decedent left surviving the decedent a child or children or the descendants of a child or children by a previous spouse, the surviving second or subsequent childless spouse shall take only an amount equal to twenty-five percent (25%) of the remainder of: (1) the fair market value as of the date of death of the real property of the deceased spouse; minus (2) the value of the liens and encumbrances on the real property of the deceased spouse. The fee shall, at the decedent's death, vest at once in the decedent's surviving child or children, or the descendants of the decedent's child or children who may be dead. A second or subsequent childless spouse described in this subsection shall, however, receive the same share of the personal property of the decedent as is provided in subsection (b) with respect to surviving spouses generally.\", \"slug\": \"s19-in-subsequent-spouse\", \"url\": \"https://iga.in.gov/ic/2026/Title_29.pdf\"}]", "state": "Indiana" }, { "category": "Other conditions to read", "checked_on": "2026-10-24", "citation": "Ind. Code § 29-1-2-1(e)", "code": "IN", "complete": true, "conditions": "", "fact_slugs": "s19-in-parent-bar", "next_check_on": "2027-01-24", "official_url": "https://iga.in.gov/ic/2026/Title_29.pdf", "passage_id": "in-parent-bar", "quote": "(e) A parent may not receive an intestate share of the estate of the parent's minor or adult child if the parent was convicted of causing the death of the child's other parent by: (1) murder (IC 35-42-1-1); (2) voluntary manslaughter (IC 35-42-1-3); or (3) another criminal act, if the death does not result from the operation of a vehicle. If a parent is disqualified from receiving an intestate share under this subsection, the estate of the deceased child shall be distributed as though the parent had predeceased the child.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Indiana General Assembly\", \"quote\": \"(e) A parent may not receive an intestate share of the estate of the parent's minor or adult child if the parent was convicted of causing the death of the child's other parent by: (1) murder (IC 35-42-1-1); (2) voluntary manslaughter (IC 35-42-1-3); or (3) another criminal act, if the death does not result from the operation of a vehicle. If a parent is disqualified from receiving an intestate share under this subsection, the estate of the deceased child shall be distributed as though the parent had predeceased the child.\", \"slug\": \"s19-in-parent-bar\", \"url\": \"https://iga.in.gov/ic/2026/Title_29.pdf\"}]", "state": "Indiana" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Iowa Code § 633.211", "code": "IA", "complete": true, "conditions": "", "fact_slugs": "s19-ia-spouse-shared", "next_check_on": "2027-10-23", "official_url": "https://www.legis.iowa.gov/docs/code/2026/633.211.pdf", "passage_id": "ia-spouse-shared", "quote": "If the decedent dies intestate leaving a surviving spouse and leaving no issue or leaving issue all of whom are the issue of the surviving spouse, the surviving spouse shall receive the following share: 1. All the value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage, which have not been sold on execution or by other judicial sale, and to which the surviving spouse has made no relinquishment of right. 2. All personal property that, at the time of death, was, in the hands of the decedent as the head of a family, exempt from execution. 3. All other personal property of the decedent which is not necessary for the payment of debts and charges.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Iowa Legislature\", \"quote\": \"If the decedent dies intestate leaving a surviving spouse and leaving no issue or leaving issue all of whom are the issue of the surviving spouse, the surviving spouse shall receive the following share: 1. All the value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage, which have not been sold on execution or by other judicial sale, and to which the surviving spouse has made no relinquishment of right. 2. All personal property that, at the time of death, was, in the hands of the decedent as the head of a family, exempt from execution. 3. All other personal property of the decedent which is not necessary for the payment of debts and charges.\", \"slug\": \"s19-ia-spouse-shared\", \"url\": \"https://www.legis.iowa.gov/docs/code/2026/633.211.pdf\"}]", "state": "Iowa" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Iowa Code § 633.212", "code": "IA", "complete": true, "conditions": "", "fact_slugs": "s19-ia-spouse-other", "next_check_on": "2027-01-23", "official_url": "https://www.legis.iowa.gov/docs/code/2026/633.212.pdf", "passage_id": "ia-spouse-other", "quote": "If the decedent dies intestate leaving a surviving spouse and leaving issue some of whom are not the issue of the surviving spouse, the surviving spouse shall receive the following share: 1. One-half in value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage, which have not been sold on execution or by other judicial sale, and to which the surviving spouse has made no relinquishment of right. 2. All personal property that, at the time of death, was in the hands of the decedent as the head of a family, exempt from execution. 3. One-half of all other personal property of the decedent which is not necessary for the payment of debts and charges. 4. If the property received by the surviving spouse under subsections 1, 2 and 3 of this section is not equal in value to the sum of fifty thousand dollars, then so much additional of any remaining homestead interest and of the remaining real and personal property of the decedent that is subject to payment of debts and charges against the decedent’s estate, after payment of the debts and charges, even to the extent of the whole of the net estate, as necessary to make the amount of fifty thousand dollars.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Iowa Legislature\", \"quote\": \"If the decedent dies intestate leaving a surviving spouse and leaving issue some of whom are not the issue of the surviving spouse, the surviving spouse shall receive the following share: 1. One-half in value of all the legal or equitable estates in real property possessed by the decedent at any time during the marriage, which have not been sold on execution or by other judicial sale, and to which the surviving spouse has made no relinquishment of right. 2. All personal property that, at the time of death, was in the hands of the decedent as the head of a family, exempt from execution. 3. One-half of all other personal property of the decedent which is not necessary for the payment of debts and charges. 4. If the property received by the surviving spouse under subsections 1, 2 and 3 of this section is not equal in value to the sum of fifty thousand dollars, then so much additional of any remaining homestead interest and of the remaining real and personal property of the decedent that is subject to payment of debts and charges against the decedent’s estate, after payment of the debts and charges, even to the extent of the whole of the net estate, as necessary to make the amount of fifty thousand dollars.\", \"slug\": \"s19-ia-spouse-other\", \"url\": \"https://www.legis.iowa.gov/docs/code/2026/633.212.pdf\"}]", "state": "Iowa" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Iowa Code § 633.219", "code": "IA", "complete": true, "conditions": "", "fact_slugs": "s19-ia-heirs", "next_check_on": "2027-10-23", "official_url": "https://www.legis.iowa.gov/docs/code/2026/633.219.pdf", "passage_id": "ia-heirs", "quote": "The part of the intestate estate not passing to the surviving spouse, or if there is no surviving spouse, the entire net estate passes as follows: 1. To the issue of the decedent per stirpes. 2. If there is no surviving issue, to the parents of the decedent equally; and if either parent is dead, the portion that would have gone to such deceased parent shall go to the survivor. 3. If there is no person to take under either subsection 1 or 2 of this section, the estate shall be divided and set aside into two equal shares. One share shall be distributed to the issue of the decedent’s mother per stirpes and one share shall be distributed to the issue of the decedent’s father per stirpes. If there are no surviving issue of one deceased parent, the entire estate passes to the issue of the other deceased parent in accordance with this subsection. 4. If there is no person to take under subsection 1, 2, or 3 of this section, and the decedent is survived by one or more grandparents or issue of grandparents, half the estate passes to the paternal grandparents, if both survive, or to the surviving paternal grandparent if only one survives. If neither paternal grandparent survives, this half share shall be further divided into two equal subshares. One subshare shall be distributed to the issue of the decedent’s paternal grandmother per stirpes and one subshare shall be distributed to the issue of the decedent’s paternal grandfather per stirpes. If there are no surviving issue of one deceased paternal grandparent, the entire half share passes to the issue of the other deceased paternal grandparent and their issue in the same manner. The other half of the decedent’s estate passes to the maternal grandparents and their issue in the same manner. If there are no surviving grandparents or issue of grandparents on either the paternal or maternal side, the entire estate passes to the decedent’s surviving grandparents or their issue on the other side in accordance with this subsection. 5. If there is no person to take under subsection 1, 2, 3, or 4 of this section, and the decedent is survived by one or more great-grandparents or issue of great-grandparents, the estate passes equally to each set of great-grandparents, or to their issue, if any survive, per stirpes. 6. If there is no person to take under subsection 1, 2, 3, 4, or 5 of this section, the portion uninherited shall go to the issue of the deceased spouse of the intestate, per stirpes. If the intestate has had more than one spouse who died in lawful wedlock, it shall be equally divided between the issue, per stirpes, of those deceased spouses. 7. If there is no person who qualifies under either subsection 1, 2, 3, 4, 5, or 6 of this section, the intestate property shall escheat to the state of Iowa.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Iowa Legislature\", \"quote\": \"The part of the intestate estate not passing to the surviving spouse, or if there is no surviving spouse, the entire net estate passes as follows: 1. To the issue of the decedent per stirpes. 2. If there is no surviving issue, to the parents of the decedent equally; and if either parent is dead, the portion that would have gone to such deceased parent shall go to the survivor. 3. If there is no person to take under either subsection 1 or 2 of this section, the estate shall be divided and set aside into two equal shares. One share shall be distributed to the issue of the decedent’s mother per stirpes and one share shall be distributed to the issue of the decedent’s father per stirpes. If there are no surviving issue of one deceased parent, the entire estate passes to the issue of the other deceased parent in accordance with this subsection. 4. If there is no person to take under subsection 1, 2, or 3 of this section, and the decedent is survived by one or more grandparents or issue of grandparents, half the estate passes to the paternal grandparents, if both survive, or to the surviving paternal grandparent if only one survives. If neither paternal grandparent survives, this half share shall be further divided into two equal subshares. One subshare shall be distributed to the issue of the decedent’s paternal grandmother per stirpes and one subshare shall be distributed to the issue of the decedent’s paternal grandfather per stirpes. If there are no surviving issue of one deceased paternal grandparent, the entire half share passes to the issue of the other deceased paternal grandparent and their issue in the same manner. The other half of the decedent’s estate passes to the maternal grandparents and their issue in the same manner. If there are no surviving grandparents or issue of grandparents on either the paternal or maternal side, the entire estate passes to the decedent’s surviving grandparents or their issue on the other side in accordance with this subsection. 5. If there is no person to take under subsection 1, 2, 3, or 4 of this section, and the decedent is survived by one or more great-grandparents or issue of great-grandparents, the estate passes equally to each set of great-grandparents, or to their issue, if any survive, per stirpes. 6. If there is no person to take under subsection 1, 2, 3, 4, or 5 of this section, the portion uninherited shall go to the issue of the deceased spouse of the intestate, per stirpes. If the intestate has had more than one spouse who died in lawful wedlock, it shall be equally divided between the issue, per stirpes, of those deceased spouses. 7. If there is no person who qualifies under either subsection 1, 2, 3, 4, 5, or 6 of this section, the intestate property shall escheat to the state of Iowa.\", \"slug\": \"s19-ia-heirs\", \"url\": \"https://www.legis.iowa.gov/docs/code/2026/633.219.pdf\"}]", "state": "Iowa" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "Iowa Code § 633.210", "code": "IA", "complete": true, "conditions": "", "fact_slugs": "s19-ia-scope", "next_check_on": "2027-10-23", "official_url": "https://www.legis.iowa.gov/docs/code/2026/633.210.pdf", "passage_id": "ia-scope", "quote": "The estate of a person dying intestate shall descend as provided in sections 633.211 through 633.226.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Iowa Legislature\", \"quote\": \"The estate of a person dying intestate shall descend as provided in sections 633.211 through 633.226.\", \"slug\": \"s19-ia-scope\", \"url\": \"https://www.legis.iowa.gov/docs/code/2026/633.210.pdf\"}]", "state": "Iowa" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "K.S.A. 59-504", "code": "KS", "complete": true, "conditions": "", "fact_slugs": "s19-ks-spouse", "next_check_on": "2027-10-23", "official_url": "https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0004_section/059_005_0004_k/", "passage_id": "ks-spouse", "quote": "If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse. If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half of such property shall pass to the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kansas Legislature\", \"quote\": \"If the decedent leaves a spouse and no children nor issue of a previously deceased child, all the decedent's property shall pass to the surviving spouse. If the decedent leaves a spouse and a child, or children, or issue of a previously deceased child or children, one-half of such property shall pass to the surviving spouse.\", \"slug\": \"s19-ks-spouse\", \"url\": \"https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0004_section/059_005_0004_k/\"}]", "state": "Kansas" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "K.S.A. 59-506", "code": "KS", "complete": true, "conditions": "", "fact_slugs": "s19-ks-descendants", "next_check_on": "2027-10-23", "official_url": "https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0006_section/059_005_0006_k/", "passage_id": "ks-descendants", "quote": "If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the surviving children and the living issue, if any, of a previously deceased child, but such issue shall collectively take only the share their parent would have taken had such parent been living. If the decedent leaves such child, children, or issue, and a spouse, one-half of such property shall pass to such child, children, and issue as aforesaid.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kansas Legislature\", \"quote\": \"If the decedent leaves a child, or children, or issue of a previously deceased child or children, and no spouse, all his or her property shall pass to the surviving child, or in equal shares to the surviving children and the living issue, if any, of a previously deceased child, but such issue shall collectively take only the share their parent would have taken had such parent been living. If the decedent leaves such child, children, or issue, and a spouse, one-half of such property shall pass to such child, children, and issue as aforesaid.\", \"slug\": \"s19-ks-descendants\", \"url\": \"https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0006_section/059_005_0006_k/\"}]", "state": "Kansas" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "K.S.A. 59-507", "code": "KS", "complete": true, "conditions": "", "fact_slugs": "s19-ks-parents", "next_check_on": "2027-10-23", "official_url": "https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0007_section/059_005_0007_k/", "passage_id": "ks-parents", "quote": "If the decedent leaves no surviving spouse, child, or issue, but leaves a surviving parent or surviving parents, all of his or her property shall pass to such surviving parent, or in equal shares to such surviving parents, but if the decedent is an adopted child such property shall pass to his or her adoptive parent or parents in like manner including a natural parent who is the spouse of an adoptive parent.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kansas Legislature\", \"quote\": \"If the decedent leaves no surviving spouse, child, or issue, but leaves a surviving parent or surviving parents, all of his or her property shall pass to such surviving parent, or in equal shares to such surviving parents, but if the decedent is an adopted child such property shall pass to his or her adoptive parent or parents in like manner including a natural parent who is the spouse of an adoptive parent.\", \"slug\": \"s19-ks-parents\", \"url\": \"https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0007_section/059_005_0007_k/\"}]", "state": "Kansas" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "K.S.A. 59-508", "code": "KS", "complete": true, "conditions": "", "fact_slugs": "s19-ks-siblings", "next_check_on": "2027-10-23", "official_url": "https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0008_section/059_005_0008_k/", "passage_id": "ks-siblings", "quote": "If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of his or her property which would have passed to the parents, had both of them been living, shall pass to the heirs of such parents respectively (excluding their respective spouses), the same as it would have passed had such parents owned it in equal shares and died intestate at the time of his or her death; but if either of said parents left no such heirs, then and in that event his or her property shall pass to the living heirs of the other parent.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kansas Legislature\", \"quote\": \"If the decedent leaves no surviving spouse, child, issue, or parents, the respective shares of his or her property which would have passed to the parents, had both of them been living, shall pass to the heirs of such parents respectively (excluding their respective spouses), the same as it would have passed had such parents owned it in equal shares and died intestate at the time of his or her death; but if either of said parents left no such heirs, then and in that event his or her property shall pass to the living heirs of the other parent.\", \"slug\": \"s19-ks-siblings\", \"url\": \"https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0008_section/059_005_0008_k/\"}]", "state": "Kansas" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "K.S.A. 59-502", "code": "KS", "complete": true, "conditions": "", "fact_slugs": "s19-ks-scope", "next_check_on": "2027-10-23", "official_url": "https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0002_section/059_005_0002_k/", "passage_id": "ks-scope", "quote": "Subject to any homestead rights, the allowances provided in K.S.A. 59-403, and the payment of reasonable funeral expenses, expenses of last sickness and costs of administration, taxes, and debts, the property of a resident decedent, who dies intestate, shall at the time of death pass by intestate succession as provided in this article.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kansas Legislature\", \"quote\": \"Subject to any homestead rights, the allowances provided in K.S.A. 59-403, and the payment of reasonable funeral expenses, expenses of last sickness and costs of administration, taxes, and debts, the property of a resident decedent, who dies intestate, shall at the time of death pass by intestate succession as provided in this article.\", \"slug\": \"s19-ks-scope\", \"url\": \"https://www.kslegislature.gov/b2025_26/laws/059_000_0000_chapter/059_005_0000_article/059_005_0002_section/059_005_0002_k/\"}]", "state": "Kansas" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "KRS 391.010", "code": "KY", "complete": true, "conditions": "Read every quoted surviving-spouse condition together. This reference does not resolve the overlapping descendant clauses. The quoted KRS 391.010 amendment took effect July 15, 2026. A court must check the law applicable to the death.", "fact_slugs": "s19-ky-real-property-scope; s19-ky-spouse; s19-ky-current-amendment", "next_check_on": "2027-10-23", "official_url": "https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665", "passage_id": "ky-real-property-scope", "quote": "When a person having right or title to any real estate or inheritance dies intestate as to such estate, it shall descend in common to his or her kindred, male and female, in the following order, except as otherwise provided in this chapter:", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"When a person having right or title to any real estate or inheritance dies intestate as to such estate, it shall descend in common to his or her kindred, male and female, in the following order, except as otherwise provided in this chapter:\", \"slug\": \"s19-ky-real-property-scope\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"(1) (a) To his or her surviving spouse as follows: 1. If there is no surviving descendant of the decedent, the entirety; 2. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, the entirety; 3. If the decedent is survived by one (1) or more descendants who are not lineal descendants of the surviving spouse, one-half (1/2); or 4. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has one (1) or more descendants who are not descendants of the decedent, one-half (1/2); and (b) Any interest in property not passing to his or her surviving spouse under this subsection, or if there is no surviving spouse, as provided in subsections (2) to (6) of this section.\", \"slug\": \"s19-ky-spouse\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 1, effective July 15, 2026.\", \"slug\": \"s19-ky-current-amendment\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}]", "state": "Kentucky" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "KRS 391.010(1)", "code": "KY", "complete": true, "conditions": "Read every quoted surviving-spouse condition together. This reference does not resolve the overlapping descendant clauses. The quoted KRS 391.010 amendment took effect July 15, 2026. A court must check the law applicable to the death.", "fact_slugs": "s19-ky-spouse; s19-ky-current-amendment", "next_check_on": "2027-10-23", "official_url": "https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665", "passage_id": "ky-spouse", "quote": "(1) (a) To his or her surviving spouse as follows: 1. If there is no surviving descendant of the decedent, the entirety; 2. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, the entirety; 3. If the decedent is survived by one (1) or more descendants who are not lineal descendants of the surviving spouse, one-half (1/2); or 4. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has one (1) or more descendants who are not descendants of the decedent, one-half (1/2); and (b) Any interest in property not passing to his or her surviving spouse under this subsection, or if there is no surviving spouse, as provided in subsections (2) to (6) of this section.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"(1) (a) To his or her surviving spouse as follows: 1. If there is no surviving descendant of the decedent, the entirety; 2. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, the entirety; 3. If the decedent is survived by one (1) or more descendants who are not lineal descendants of the surviving spouse, one-half (1/2); or 4. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has one (1) or more descendants who are not descendants of the decedent, one-half (1/2); and (b) Any interest in property not passing to his or her surviving spouse under this subsection, or if there is no surviving spouse, as provided in subsections (2) to (6) of this section.\", \"slug\": \"s19-ky-spouse\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 1, effective July 15, 2026.\", \"slug\": \"s19-ky-current-amendment\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}]", "state": "Kentucky" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "KRS 391.010(2) to (6)", "code": "KY", "complete": true, "conditions": "Read every quoted surviving-spouse condition together. This reference does not resolve the overlapping descendant clauses. The quoted KRS 391.010 amendment took effect July 15, 2026. A court must check the law applicable to the death.", "fact_slugs": "s19-ky-relatives; s19-ky-spouse; s19-ky-current-amendment", "next_check_on": "2027-10-23", "official_url": "https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665", "passage_id": "ky-relatives", "quote": "(2) To his or her children and their descendants; if there are none, then (3) To his or her father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then (4) To his or her brothers and sisters and their descendants; if there are none, then (5) (a) One (1) moiety of the estate shall pass to the paternal and the other to the maternal grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then (b) To the uncles and aunts and their descendants; if there are none, then (c) To the stepchildren of the decedent. (6) If there is no kindred as is described in subsection (5) of this section, the whole shall vest in the state under KRS 393.020.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"(2) To his or her children and their descendants; if there are none, then (3) To his or her father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then (4) To his or her brothers and sisters and their descendants; if there are none, then (5) (a) One (1) moiety of the estate shall pass to the paternal and the other to the maternal grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then (b) To the uncles and aunts and their descendants; if there are none, then (c) To the stepchildren of the decedent. (6) If there is no kindred as is described in subsection (5) of this section, the whole shall vest in the state under KRS 393.020.\", \"slug\": \"s19-ky-relatives\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"(1) (a) To his or her surviving spouse as follows: 1. If there is no surviving descendant of the decedent, the entirety; 2. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, the entirety; 3. If the decedent is survived by one (1) or more descendants who are not lineal descendants of the surviving spouse, one-half (1/2); or 4. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has one (1) or more descendants who are not descendants of the decedent, one-half (1/2); and (b) Any interest in property not passing to his or her surviving spouse under this subsection, or if there is no surviving spouse, as provided in subsections (2) to (6) of this section.\", \"slug\": \"s19-ky-spouse\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 1, effective July 15, 2026.\", \"slug\": \"s19-ky-current-amendment\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}]", "state": "Kentucky" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "KRS 391.010 history", "code": "KY", "complete": true, "conditions": "Read every quoted surviving-spouse condition together. This reference does not resolve the overlapping descendant clauses. The quoted KRS 391.010 amendment took effect July 15, 2026. A court must check the law applicable to the death.", "fact_slugs": "s19-ky-current-amendment; s19-ky-spouse", "next_check_on": "2027-10-23", "official_url": "https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665", "passage_id": "ky-current-amendment", "quote": "Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 1, effective July 15, 2026.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 1, effective July 15, 2026.\", \"slug\": \"s19-ky-current-amendment\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"(1) (a) To his or her surviving spouse as follows: 1. If there is no surviving descendant of the decedent, the entirety; 2. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, the entirety; 3. If the decedent is survived by one (1) or more descendants who are not lineal descendants of the surviving spouse, one-half (1/2); or 4. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has one (1) or more descendants who are not descendants of the decedent, one-half (1/2); and (b) Any interest in property not passing to his or her surviving spouse under this subsection, or if there is no surviving spouse, as provided in subsections (2) to (6) of this section.\", \"slug\": \"s19-ky-spouse\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}]", "state": "Kentucky" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "KRS 391.030(1)", "code": "KY", "complete": true, "conditions": "Read every quoted surviving-spouse condition together. This reference does not resolve the overlapping descendant clauses. The quoted KRS 391.010 amendment took effect July 15, 2026. A court must check the law applicable to the death.", "fact_slugs": "s19-ky-personal-property; s19-ky-spouse; s19-ky-current-amendment", "next_check_on": "2027-01-23; 2027-10-23", "official_url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49987", "passage_id": "ky-personal-property", "quote": "(1) Except as otherwise provided in this chapter, where any person dies intestate as to his or her personal estate, or any part thereof, the surplus, after payment of funeral expenses, charges of administration, and debts, shall pass and be distributed among the same persons, and in the proportions, to whom and in which real estate is directed to descend, except as follows: (a) The personal estate of an infant shall be distributed as if he or she had died after full age; (b) An alien may be distributee as though he or she were a citizen; and (c) Personal property or money on hand or in a bank or other depository to the amount of thirty thousand dollars ($30,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application to the surviving spouse, or, if there is no surviving spouse, to the surviving children.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"(1) Except as otherwise provided in this chapter, where any person dies intestate as to his or her personal estate, or any part thereof, the surplus, after payment of funeral expenses, charges of administration, and debts, shall pass and be distributed among the same persons, and in the proportions, to whom and in which real estate is directed to descend, except as follows: (a) The personal estate of an infant shall be distributed as if he or she had died after full age; (b) An alien may be distributee as though he or she were a citizen; and (c) Personal property or money on hand or in a bank or other depository to the amount of thirty thousand dollars ($30,000) shall be exempt from distribution and sale and shall be set apart by the District Court having jurisdiction over the estate on application to the surviving spouse, or, if there is no surviving spouse, to the surviving children.\", \"slug\": \"s19-ky-personal-property\", \"url\": \"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49987\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"(1) (a) To his or her surviving spouse as follows: 1. If there is no surviving descendant of the decedent, the entirety; 2. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, the entirety; 3. If the decedent is survived by one (1) or more descendants who are not lineal descendants of the surviving spouse, one-half (1/2); or 4. If the decedent is survived by one (1) or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has one (1) or more descendants who are not descendants of the decedent, one-half (1/2); and (b) Any interest in property not passing to his or her surviving spouse under this subsection, or if there is no surviving spouse, as provided in subsections (2) to (6) of this section.\", \"slug\": \"s19-ky-spouse\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Kentucky General Assembly\", \"quote\": \"Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 134, sec. 1, effective July 15, 2026.\", \"slug\": \"s19-ky-current-amendment\", \"url\": \"https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=57665\"}]", "state": "Kentucky" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "Civil Code article880", "code": "LA", "complete": true, "conditions": "", "fact_slugs": "s19-la-scope", "next_check_on": "2027-10-23", "official_url": "https://www.legis.la.gov/legis/Law.aspx?d=111031", "passage_id": "la-scope", "quote": "Art. 880. Intestate succession In the absence of valid testamentary disposition, the undisposed property of the deceased devolves by operation of law in favor of his descendants, ascendants, and collaterals, by blood or by adoption, and in favor of his spouse not judicially separated from him, in the order provided in and according to the following articles.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Louisiana State Legislature\", \"quote\": \"Art. 880. Intestate succession In the absence of valid testamentary disposition, the undisposed property of the deceased devolves by operation of law in favor of his descendants, ascendants, and collaterals, by blood or by adoption, and in favor of his spouse not judicially separated from him, in the order provided in and according to the following articles.\", \"slug\": \"s19-la-scope\", \"url\": \"https://www.legis.la.gov/legis/Law.aspx?d=111031\"}]", "state": "Louisiana" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Civil Code article888", "code": "LA", "complete": true, "conditions": "", "fact_slugs": "s19-la-descendants", "next_check_on": "2027-10-23", "official_url": "https://www.legis.la.gov/legis/Law.aspx?d=111039", "passage_id": "la-descendants", "quote": "Art. 888. Succession rights of descendants Descendants succeed to the property of their ascendants. They take in equal portions and by heads if they are in the same degree. They take by roots if all or some of them succeed by representation.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Louisiana State Legislature\", \"quote\": \"Art. 888. Succession rights of descendants Descendants succeed to the property of their ascendants. They take in equal portions and by heads if they are in the same degree. They take by roots if all or some of them succeed by representation.\", \"slug\": \"s19-la-descendants\", \"url\": \"https://www.legis.la.gov/legis/Law.aspx?d=111039\"}]", "state": "Louisiana" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "Civil Code article889", "code": "LA", "complete": true, "conditions": "", "fact_slugs": "s19-la-community-no-descendants", "next_check_on": "2027-10-23", "official_url": "https://www.legis.la.gov/legis/Law.aspx?d=111040", "passage_id": "la-community-no-descendants", "quote": "Art. 889. Devolution of community property If the deceased leaves no descendants, his surviving spouse succeeds to his share of the community property.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Louisiana State Legislature\", \"quote\": \"Art. 889. Devolution of community property If the deceased leaves no descendants, his surviving spouse succeeds to his share of the community property.\", \"slug\": \"s19-la-community-no-descendants\", \"url\": \"https://www.legis.la.gov/legis/Law.aspx?d=111040\"}]", "state": "Louisiana" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Civil Code article890", "code": "LA", "complete": true, "conditions": "", "fact_slugs": "s19-la-spouse-usufruct", "next_check_on": "2027-10-23", "official_url": "https://www.legis.la.gov/Legis/Law.aspx?d=111042", "passage_id": "la-spouse-usufruct", "quote": "Art. 890. Usufruct of surviving spouse If the deceased spouse is survived by descendants, the surviving spouse shall have a usufruct over the decedent's share of the community property to the extent that the decedent has not disposed of it by testament. This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Louisiana State Legislature\", \"quote\": \"Art. 890. Usufruct of surviving spouse If the deceased spouse is survived by descendants, the surviving spouse shall have a usufruct over the decedent's share of the community property to the extent that the decedent has not disposed of it by testament. This usufruct terminates when the surviving spouse dies or remarries, whichever occurs first.\", \"slug\": \"s19-la-spouse-usufruct\", \"url\": \"https://www.legis.la.gov/Legis/Law.aspx?d=111042\"}]", "state": "Louisiana" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Civil Code article891", "code": "LA", "complete": true, "conditions": "", "fact_slugs": "s19-la-parent-sibling", "next_check_on": "2027-10-23", "official_url": "https://www.legis.la.gov/legis/Law.aspx?d=111043", "passage_id": "la-parent-sibling", "quote": "Art. 891. Devolution of separate property; parents and brothers and sisters If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents. If both parents survive the deceased, the usufruct shall be joint and successive.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Louisiana State Legislature\", \"quote\": \"Art. 891. Devolution of separate property; parents and brothers and sisters If the deceased leaves no descendants but is survived by a father, mother, or both, and by a brother or sister, or both, or descendants from them, the brothers and sisters or their descendants succeed to the separate property of the deceased subject to a usufruct in favor of the surviving parent or parents. If both parents survive the deceased, the usufruct shall be joint and successive.\", \"slug\": \"s19-la-parent-sibling\", \"url\": \"https://www.legis.la.gov/legis/Law.aspx?d=111043\"}]", "state": "Louisiana" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Civil Code article892", "code": "LA", "complete": true, "conditions": "", "fact_slugs": "s19-la-parent-sibling-absence", "next_check_on": "2027-10-23", "official_url": "https://www.legis.la.gov/legis/Law.aspx?d=111044", "passage_id": "la-parent-sibling-absence", "quote": "Art. 892. Devolution of separate property in absence of parents or in absence of brothers and sisters If the deceased leaves neither descendants nor parents, his brothers or sisters or descendants from them succeed to his separate property in full ownership to the exclusion of other ascendants and other collaterals. If the deceased leaves neither descendants nor brothers or sisters, nor descendants from them, his parent or parents succeed to the separate property to the exclusion of other ascendants and other collaterals.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Louisiana State Legislature\", \"quote\": \"Art. 892. Devolution of separate property in absence of parents or in absence of brothers and sisters If the deceased leaves neither descendants nor parents, his brothers or sisters or descendants from them succeed to his separate property in full ownership to the exclusion of other ascendants and other collaterals. If the deceased leaves neither descendants nor brothers or sisters, nor descendants from them, his parent or parents succeed to the separate property to the exclusion of other ascendants and other collaterals.\", \"slug\": \"s19-la-parent-sibling-absence\", \"url\": \"https://www.legis.la.gov/legis/Law.aspx?d=111044\"}]", "state": "Louisiana" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Civil Code article894", "code": "LA", "complete": true, "conditions": "", "fact_slugs": "s19-la-spouse-separate", "next_check_on": "2027-10-23", "official_url": "https://www.legis.la.gov/legis/Law.aspx?d=111046", "passage_id": "la-spouse-separate", "quote": "Art. 894. Separate property; rights of surviving spouse If the deceased leaves neither descendants, nor parents, nor brothers, sisters, or descendants from them, his spouse not judicially separated from him shall succeed to his separate property to the exclusion of other ascendants and other collaterals.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Louisiana State Legislature\", \"quote\": \"Art. 894. Separate property; rights of surviving spouse If the deceased leaves neither descendants, nor parents, nor brothers, sisters, or descendants from them, his spouse not judicially separated from him shall succeed to his separate property to the exclusion of other ascendants and other collaterals.\", \"slug\": \"s19-la-spouse-separate\", \"url\": \"https://www.legis.la.gov/legis/Law.aspx?d=111046\"}]", "state": "Louisiana" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "18-C M.R.S. §2-102", "code": "ME", "complete": true, "conditions": "", "fact_slugs": "s19-me-spouse", "next_check_on": "2027-01-23", "official_url": "https://legislature.maine.gov/statutes/18-C/title18-Csec2-102.html", "passage_id": "me-spouse", "quote": "The intestate share of a decedent's surviving spouse is: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. No descendant or parent. The entire intestate estate if: A. No descendant or parent of the decedent survives the decedent; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. No descendant but parent survives. The first $300,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3. Descendants of both decedent and spouse, just spouse. The first $100,000, plus 1/2 of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 4. Descendants of decedent, not spouse. One-half of the intestate estate, if there are surviving descendants one or more of whom are not descendants of the surviving spouse. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Maine Legislature\", \"quote\": \"The intestate share of a decedent's surviving spouse is: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. No descendant or parent. The entire intestate estate if: A. No descendant or parent of the decedent survives the decedent; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. No descendant but parent survives. The first $300,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 3. Descendants of both decedent and spouse, just spouse. The first $100,000, plus 1/2 of any balance of the intestate estate, if all of the decedent’s surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 4. Descendants of decedent, not spouse. One-half of the intestate estate, if there are surviving descendants one or more of whom are not descendants of the surviving spouse. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]\", \"slug\": \"s19-me-spouse\", \"url\": \"https://legislature.maine.gov/statutes/18-C/title18-Csec2-102.html\"}]", "state": "Maine" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "18-C M.R.S. §2-103", "code": "ME", "complete": true, "conditions": "", "fact_slugs": "s19-me-relatives", "next_check_on": "2027-10-23", "official_url": "https://legislature.maine.gov/statutes/18-C/title18-Csec2-103.html", "passage_id": "me-relatives", "quote": "1. Share of heirs other than surviving spouse; order. Any part of the intestate estate not passing to a decedent's surviving spouse under section 2-102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: A. To the decedent's descendants per capita at each generation; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent if only one survives; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents: (1) Half to the decedent's paternal grandparents equally if both survive, to the surviving paternal grandparent if only one survives or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, to be distributed to the descendants per capita at each generation; and (2) Half to the decedent's maternal grandparents equally if both survive, to the surviving maternal grandparent if only one survives or to the descendants of the decedent's maternal grandparents or either of them if both are deceased, to be distributed to the descendants per capita at each generation; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent's relatives on the side with one or more surviving members in the manner described in paragraph D ; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. If there is no surviving descendant, parent or descendant of a parent, grandparent or descendant of a grandparent, but the decedent is survived by one or more great-grandparents or descendants of great-grandparents, half of the estate passes to the paternal great-grandparents who survive, or to the descendants of the paternal great-grandparents if all are deceased, to be distributed per capita at each generation as described in section 2-106 ; and the other half passes to the maternal relatives in the same manner, but if there is no surviving great-grandparent or descendant of a great-grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. No takers under subsection 1. If there is no taker under subsection 1 , but the decedent has: A. One deceased spouse who has one or more descendants who survive the decedent, the estate or part thereof passes to that spouse's descendants per capita at each generation; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. More than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part thereof passes to each set of descendants per capita at each generation. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Maine Legislature\", \"quote\": \"1. Share of heirs other than surviving spouse; order. Any part of the intestate estate not passing to a decedent's surviving spouse under section 2-102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: A. To the decedent's descendants per capita at each generation; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. If there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent if only one survives; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] C. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] D. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents: (1) Half to the decedent's paternal grandparents equally if both survive, to the surviving paternal grandparent if only one survives or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, to be distributed to the descendants per capita at each generation; and (2) Half to the decedent's maternal grandparents equally if both survive, to the surviving maternal grandparent if only one survives or to the descendants of the decedent's maternal grandparents or either of them if both are deceased, to be distributed to the descendants per capita at each generation; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] E. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent's relatives on the side with one or more surviving members in the manner described in paragraph D ; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] F. If there is no surviving descendant, parent or descendant of a parent, grandparent or descendant of a grandparent, but the decedent is survived by one or more great-grandparents or descendants of great-grandparents, half of the estate passes to the paternal great-grandparents who survive, or to the descendants of the paternal great-grandparents if all are deceased, to be distributed per capita at each generation as described in section 2-106 ; and the other half passes to the maternal relatives in the same manner, but if there is no surviving great-grandparent or descendant of a great-grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. No takers under subsection 1. If there is no taker under subsection 1 , but the decedent has: A. One deceased spouse who has one or more descendants who survive the decedent, the estate or part thereof passes to that spouse's descendants per capita at each generation; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. More than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part thereof passes to each set of descendants per capita at each generation. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]\", \"slug\": \"s19-me-relatives\", \"url\": \"https://legislature.maine.gov/statutes/18-C/title18-Csec2-103.html\"}]", "state": "Maine" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "18-C M.R.S. §2-101", "code": "ME", "complete": true, "conditions": "", "fact_slugs": "s19-me-scope", "next_check_on": "2027-10-23", "official_url": "https://legislature.maine.gov/statutes/18-C/title18-Csec2-101.html", "passage_id": "me-scope", "quote": "1. Intestate succession. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this Code, except as modified by the decedent's will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Will expressly excludes or limits. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the individual's or member's intestate share. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Maine Legislature\", \"quote\": \"1. Intestate succession. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this Code, except as modified by the decedent's will. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Will expressly excludes or limits. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the individual's or member's intestate share. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]\", \"slug\": \"s19-me-scope\", \"url\": \"https://legislature.maine.gov/statutes/18-C/title18-Csec2-101.html\"}]", "state": "Maine" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Estates and Trusts §3-102", "code": "MD", "complete": true, "conditions": "", "fact_slugs": "s19-md-spouse", "next_check_on": "2027-01-23", "official_url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=3-102", "passage_id": "md-spouse", "quote": "§3–102. (a) Subject to subsections (b) and (c) of this section, the share of a surviving spouse or registered domestic partner shall be the entire intestate estate. (b) If there is a surviving minor child, the share shall be one–half. (c) If there is no surviving minor child, but there is surviving issue who are not issue of the surviving spouse or registered domestic partner, the share shall be the first $100,000 plus one–half of the residue. (d) For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7–308 of the Tax – General Article.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Maryland General Assembly\", \"quote\": \"§3–102. (a) Subject to subsections (b) and (c) of this section, the share of a surviving spouse or registered domestic partner shall be the entire intestate estate. (b) If there is a surviving minor child, the share shall be one–half. (c) If there is no surviving minor child, but there is surviving issue who are not issue of the surviving spouse or registered domestic partner, the share shall be the first $100,000 plus one–half of the residue. (d) For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7–308 of the Tax – General Article.\", \"slug\": \"s19-md-spouse\", \"url\": \"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=3-102\"}]", "state": "Maryland" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Estates and Trusts §3-103", "code": "MD", "complete": true, "conditions": "", "fact_slugs": "s19-md-descendants", "next_check_on": "2027-10-23", "official_url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=3-103", "passage_id": "md-descendants", "quote": "§3–103. The net estate, exclusive of the share of the surviving spouse or registered domestic partner, or the entire net estate if there is no surviving spouse or registered domestic partner, shall be divided equally among the surviving issue, by representation as defined in § 1–210 of this article.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Maryland General Assembly\", \"quote\": \"§3–103. The net estate, exclusive of the share of the surviving spouse or registered domestic partner, or the entire net estate if there is no surviving spouse or registered domestic partner, shall be divided equally among the surviving issue, by representation as defined in § 1–210 of this article.\", \"slug\": \"s19-md-descendants\", \"url\": \"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=3-103\"}]", "state": "Maryland" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Estates and Trusts §3-104", "code": "MD", "complete": true, "conditions": "", "fact_slugs": "s19-md-relatives", "next_check_on": "2027-10-23", "official_url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=3-104", "passage_id": "md-relatives", "quote": "§3–104. (a) If there is no surviving issue, spouse, or registered domestic partner, the personal representative shall distribute the net estate, subject to §§ 3–111 and 3–112 of this subtitle, as follows: (1) To the surviving parents equally; (2) If only one parent survives, to the survivor; or (3) If neither parent survives, to the issue of the parents, by representation. (b) (1) If there is no surviving parent or issue of a parent, the net estate shall be distributed: (i) One–half to each pair of grandparents equally; (ii) If only one grandparent of a pair survives, one–half to the survivor; or (iii) If neither grandparent of a pair survives, one–half to the issue of that pair of grandparents, by representation. (2) In the event that neither of one pair of grandparents and none of the issue of either of that pair survives, the one–half share applicable shall be distributed to: (i) The other pair of grandparents; (ii) The survivor of the other pair of grandparents; or (iii) The issue of either of the other pair of grandparents, in the same manner as prescribed for their half share. (c) (1) In this subsection, “stepchild” means the child of any spouse of the decedent, if the spouse was not divorced from the decedent. (2) If there is no surviving blood relative entitled to inherit under this section, the net estate shall be divided into as many equal shares as there are: (i) Stepchildren of the decedent who survive the decedent; and (ii) Stepchildren of the decedent who did not survive the decedent but of whom issue did survive the decedent. (3) (i) Each stepchild of the decedent who did survive the decedent shall receive one share. (ii) The issue of each stepchild of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying the pattern of representation set forth in § 1–210 of this article.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Maryland General Assembly\", \"quote\": \"§3–104. (a) If there is no surviving issue, spouse, or registered domestic partner, the personal representative shall distribute the net estate, subject to §§ 3–111 and 3–112 of this subtitle, as follows: (1) To the surviving parents equally; (2) If only one parent survives, to the survivor; or (3) If neither parent survives, to the issue of the parents, by representation. (b) (1) If there is no surviving parent or issue of a parent, the net estate shall be distributed: (i) One–half to each pair of grandparents equally; (ii) If only one grandparent of a pair survives, one–half to the survivor; or (iii) If neither grandparent of a pair survives, one–half to the issue of that pair of grandparents, by representation. (2) In the event that neither of one pair of grandparents and none of the issue of either of that pair survives, the one–half share applicable shall be distributed to: (i) The other pair of grandparents; (ii) The survivor of the other pair of grandparents; or (iii) The issue of either of the other pair of grandparents, in the same manner as prescribed for their half share. (c) (1) In this subsection, “stepchild” means the child of any spouse of the decedent, if the spouse was not divorced from the decedent. (2) If there is no surviving blood relative entitled to inherit under this section, the net estate shall be divided into as many equal shares as there are: (i) Stepchildren of the decedent who survive the decedent; and (ii) Stepchildren of the decedent who did not survive the decedent but of whom issue did survive the decedent. (3) (i) Each stepchild of the decedent who did survive the decedent shall receive one share. (ii) The issue of each stepchild of the decedent who did not survive the decedent but of whom issue did survive the decedent shall receive one share apportioned by applying the pattern of representation set forth in § 1–210 of this article.\", \"slug\": \"s19-md-relatives\", \"url\": \"https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=get§ion=3-104\"}]", "state": "Maryland" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "G.L. c.190B §2-102", "code": "MA", "complete": true, "conditions": "", "fact_slugs": "s19-ma-spouse", "next_check_on": "2027-01-23", "official_url": "https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section2-102", "passage_id": "ma-spouse", "quote": "Section 2–102. [Share of Spouse.] The intestate share of a decedent's surviving spouse is: (1) the entire intestate estate if: (i) no descendant or parent of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $200,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) the first $100,000 plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent; (4) the first $100,000 plus 1/2 of any balance of the intestate estate, if 1 or more of the decedent's surviving descendants are not descendants of the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Massachusetts Legislature\", \"quote\": \"Section 2–102. [Share of Spouse.] The intestate share of a decedent's surviving spouse is: (1) the entire intestate estate if: (i) no descendant or parent of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $200,000, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; (3) the first $100,000 plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent; (4) the first $100,000 plus 1/2 of any balance of the intestate estate, if 1 or more of the decedent's surviving descendants are not descendants of the surviving spouse.\", \"slug\": \"s19-ma-spouse\", \"url\": \"https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section2-102\"}]", "state": "Massachusetts" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "G.L. c.190B §2-103", "code": "MA", "complete": true, "conditions": "", "fact_slugs": "s19-ma-relatives", "next_check_on": "2027-10-23", "official_url": "https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section2-103", "passage_id": "ma-relatives", "quote": "Section 2–103. [Share of Heirs Other Than Surviving Spouse.] Any part of the intestate estate not passing to the decedent's surviving spouse under section 2–102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent's descendants per capita at each generation; (2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation; (4) if there is no surviving descendant, parent, or descendant of a parent, then equally to the decedent's next of kin in equal degree; but if there are 2 or more descendants of deceased ancestors in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote. Degrees of kindred shall be computed according to the rules of civil law.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Massachusetts Legislature\", \"quote\": \"Section 2–103. [Share of Heirs Other Than Surviving Spouse.] Any part of the intestate estate not passing to the decedent's surviving spouse under section 2–102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent's descendants per capita at each generation; (2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation; (4) if there is no surviving descendant, parent, or descendant of a parent, then equally to the decedent's next of kin in equal degree; but if there are 2 or more descendants of deceased ancestors in equal degree claiming through different ancestors, those claiming through the nearest ancestor shall be preferred to those claiming through an ancestor more remote. Degrees of kindred shall be computed according to the rules of civil law.\", \"slug\": \"s19-ma-relatives\", \"url\": \"https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section2-103\"}]", "state": "Massachusetts" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "MCL 700.2102", "code": "MI", "complete": true, "conditions": "The statute states base amounts. Section 1210 requires a yearly adjustment, and the Department of Treasury publishes $301,000 and $201,000 for section 2102 for a 2026 death.", "fact_slugs": "s19-mi-spouse; s19-mi-2026-adjustment", "next_check_on": "2027-01-24", "official_url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2102", "passage_id": "mi-spouse", "quote": "(1) The intestate share of a decedent's surviving spouse is 1 of the following: (a) The entire intestate estate if no descendant or parent of the decedent survives the decedent. (b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. (c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. (d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent. (e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse. (f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse. (2) Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Michigan Legislature\", \"quote\": \"(1) The intestate share of a decedent's surviving spouse is 1 of the following: (a) The entire intestate estate if no descendant or parent of the decedent survives the decedent. (b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. (c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. (d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent. (e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse. (f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse. (2) Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210.\", \"slug\": \"s19-mi-spouse\", \"url\": \"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2102\"}, {\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Michigan Department of Treasury\", \"quote\": \"the 1997 cost-of-living adjustment factor for the 2026 calendar year is 2.006, which, before rounding, increases the specific dollar amounts by 100.6%. The average U.S. Consumer Price Index is 321.943 for 2025 and 160.5 for 1997. After rounding, the specific dollar amounts are as listed on Table A on the following pages.  the 2023 cost-of-living adjustment factor for the 2026 calendar year is 1.057, which, before rounding, increases the specific dollar amounts by 5.7%. The average U.S. Consumer Price Index is 321.943 for 2025 and 304.702 for 2023. After rounding, the specific dollar amounts are as listed on Table B on the following pages. ____________________________ January 30, 2026 Rachael Eubanks, State Treasurer Table A Estates and Protected Individuals Code Cost-of-Living Adjustments to Specific Dollar Amounts MCL MCL MCL MCL MCL MCL MCL MCL 700.2102 700.2102 700.2402 700.2404 700.2405 700.3982 700.3983 700.7414 * Original Amount $150,000 $100,000 $15,000 $10,000 $18,000 $15,000 $15,000 $50,000 2001Amount 161,000 107,000 16,000 11,000 19,000 16,000 16,000 NA 2002 Amount 165,000 110,000 17,000 11,000 20,000 17,000 17,000 NA 2003 Amount 168,000 112,000 17,000 11,000 20,000 17,000 17,000 NA 2004 Amount 172,000 115,000 17,000 11,000 21,000 17,000 17,000 NA 2005 Amount 177,000 118,000 18,000 12,000 21,000 18,000 18,000 NA 2006 Amount 183,000 122,000 18,000 12,000 22,000 18,000 18,000 NA 2007 Amount 188,000 126,000 19,000 13,000 23,000 19,000 19,000 NA 2008 Amount 194,000 129,000 19,000 13,000 23,000 19,000 19,000 NA 2009 Amount 201,000 134,000 20,000 13,000 24,000 20,000 20,000 NA 2010 Amount 201,000 134,000 20,000 13,000 24,000 20,000 20,000 50,000 2011 Amount 204,000 136,000 20,000 14,000 24,000 20,000 20,000 68,000 2012 Amount 210,000 140,000 21,000 14,000 25,000 21,000 21,000 70,000 2013 Amount 215,000 143,000 21,000 14,000 26,000 21,000 21,000 72,000 2014 Amount 218,000 145,000 22,000 15,000 26,000 22,000 22,000 73,000 2015 Amount 221,000 148,000 22,000 15,000 27,000 22,000 22,000 74,000 2016 Amount 222,000 148,000 22,000 15,000 27,000 22,000 22,000 74,000 2017 Amount 224,000 150,000 22,000 15,000 27,000 22,000 22,000 75,000 2018 Amount 229,000 153,000 23,000 15,000 27,000 23,000 23,000 76,000 2019 Amount 235,000 157,000 23,000 16,000 28,000 23,000 23,000 78,000 2020 Amount 239,000 159,000 24,000 16,000 29,000 24,000 24,000 80,000 2021 Amount 242,000 161,000 24,000 16,000 29,000 24,000 24,000 81,000 2022 Amount 253,000 169,000 25,000 17,000 30,000 25,000 25,000 84,000 2023 Amount 273,000 182,000 27,000 18,000 33,000 27,000 27,000 91,000 2024 Amount 285,000 190,000 28,000 19,000 34,000 28,000 ** 28,000 ** 95,000 2025 Amount 293,000 195,000 29,000 20,000 35,000 (see Table B) 98,000 2026 Amount 301,000 201,000\", \"slug\": \"s19-mi-2026-adjustment\", \"url\": \"https://www.michigan.gov/treasury/-/media/Project/Websites/treasury/ORTA/Economic-Reports-Notices/FY-2026/Notice_01302026_EstatesAndOtherProtectedIndividuals_Signed.pdf\"}]", "state": "Michigan" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "MCL 700.2103", "code": "MI", "complete": true, "conditions": "The statute states base amounts. Section 1210 requires a yearly adjustment, and the Department of Treasury publishes $301,000 and $201,000 for section 2102 for a 2026 death.", "fact_slugs": "s19-mi-heirs; s19-mi-spouse; s19-mi-2026-adjustment", "next_check_on": "2027-01-24", "official_url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2103", "passage_id": "mi-heirs", "quote": "Any part of the intestate estate that does not pass to the decedent's surviving spouse under section 2102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the following individuals who survive the decedent: (a) The decedent's descendants by representation. (b) If there is no surviving descendant, the decedent's parents equally if both survive or to the surviving parent. (c) If there is no surviving descendant or parent, the descendants of the decedent's parents or of either of them by representation. (d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by 1 or more grandparents or descendants of grandparents, 1/2 of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other 1/2 passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the 1/2.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Michigan Legislature\", \"quote\": \"Any part of the intestate estate that does not pass to the decedent's surviving spouse under section 2102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the following individuals who survive the decedent: (a) The decedent's descendants by representation. (b) If there is no surviving descendant, the decedent's parents equally if both survive or to the surviving parent. (c) If there is no surviving descendant or parent, the descendants of the decedent's parents or of either of them by representation. (d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by 1 or more grandparents or descendants of grandparents, 1/2 of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other 1/2 passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the 1/2.\", \"slug\": \"s19-mi-heirs\", \"url\": \"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2103\"}, {\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Michigan Legislature\", \"quote\": \"(1) The intestate share of a decedent's surviving spouse is 1 of the following: (a) The entire intestate estate if no descendant or parent of the decedent survives the decedent. (b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. (c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. (d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent. (e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse. (f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse. (2) Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210.\", \"slug\": \"s19-mi-spouse\", \"url\": \"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2102\"}, {\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Michigan Department of Treasury\", \"quote\": \"the 1997 cost-of-living adjustment factor for the 2026 calendar year is 2.006, which, before rounding, increases the specific dollar amounts by 100.6%. The average U.S. Consumer Price Index is 321.943 for 2025 and 160.5 for 1997. After rounding, the specific dollar amounts are as listed on Table A on the following pages.  the 2023 cost-of-living adjustment factor for the 2026 calendar year is 1.057, which, before rounding, increases the specific dollar amounts by 5.7%. The average U.S. Consumer Price Index is 321.943 for 2025 and 304.702 for 2023. After rounding, the specific dollar amounts are as listed on Table B on the following pages. ____________________________ January 30, 2026 Rachael Eubanks, State Treasurer Table A Estates and Protected Individuals Code Cost-of-Living Adjustments to Specific Dollar Amounts MCL MCL MCL MCL MCL MCL MCL MCL 700.2102 700.2102 700.2402 700.2404 700.2405 700.3982 700.3983 700.7414 * Original Amount $150,000 $100,000 $15,000 $10,000 $18,000 $15,000 $15,000 $50,000 2001Amount 161,000 107,000 16,000 11,000 19,000 16,000 16,000 NA 2002 Amount 165,000 110,000 17,000 11,000 20,000 17,000 17,000 NA 2003 Amount 168,000 112,000 17,000 11,000 20,000 17,000 17,000 NA 2004 Amount 172,000 115,000 17,000 11,000 21,000 17,000 17,000 NA 2005 Amount 177,000 118,000 18,000 12,000 21,000 18,000 18,000 NA 2006 Amount 183,000 122,000 18,000 12,000 22,000 18,000 18,000 NA 2007 Amount 188,000 126,000 19,000 13,000 23,000 19,000 19,000 NA 2008 Amount 194,000 129,000 19,000 13,000 23,000 19,000 19,000 NA 2009 Amount 201,000 134,000 20,000 13,000 24,000 20,000 20,000 NA 2010 Amount 201,000 134,000 20,000 13,000 24,000 20,000 20,000 50,000 2011 Amount 204,000 136,000 20,000 14,000 24,000 20,000 20,000 68,000 2012 Amount 210,000 140,000 21,000 14,000 25,000 21,000 21,000 70,000 2013 Amount 215,000 143,000 21,000 14,000 26,000 21,000 21,000 72,000 2014 Amount 218,000 145,000 22,000 15,000 26,000 22,000 22,000 73,000 2015 Amount 221,000 148,000 22,000 15,000 27,000 22,000 22,000 74,000 2016 Amount 222,000 148,000 22,000 15,000 27,000 22,000 22,000 74,000 2017 Amount 224,000 150,000 22,000 15,000 27,000 22,000 22,000 75,000 2018 Amount 229,000 153,000 23,000 15,000 27,000 23,000 23,000 76,000 2019 Amount 235,000 157,000 23,000 16,000 28,000 23,000 23,000 78,000 2020 Amount 239,000 159,000 24,000 16,000 29,000 24,000 24,000 80,000 2021 Amount 242,000 161,000 24,000 16,000 29,000 24,000 24,000 81,000 2022 Amount 253,000 169,000 25,000 17,000 30,000 25,000 25,000 84,000 2023 Amount 273,000 182,000 27,000 18,000 33,000 27,000 27,000 91,000 2024 Amount 285,000 190,000 28,000 19,000 34,000 28,000 ** 28,000 ** 95,000 2025 Amount 293,000 195,000 29,000 20,000 35,000 (see Table B) 98,000 2026 Amount 301,000 201,000\", \"slug\": \"s19-mi-2026-adjustment\", \"url\": \"https://www.michigan.gov/treasury/-/media/Project/Websites/treasury/ORTA/Economic-Reports-Notices/FY-2026/Notice_01302026_EstatesAndOtherProtectedIndividuals_Signed.pdf\"}]", "state": "Michigan" }, { "category": "Other conditions to read", "checked_on": "2026-10-24", "citation": "Michigan Department of Treasury notice, January 30, 2026", "code": "MI", "complete": true, "conditions": "The statute states base amounts. Section 1210 requires a yearly adjustment, and the Department of Treasury publishes $301,000 and $201,000 for section 2102 for a 2026 death.", "fact_slugs": "s19-mi-2026-adjustment; s19-mi-spouse", "next_check_on": "2027-01-24", "official_url": "https://www.michigan.gov/treasury/-/media/Project/Websites/treasury/ORTA/Economic-Reports-Notices/FY-2026/Notice_01302026_EstatesAndOtherProtectedIndividuals_Signed.pdf", "passage_id": "mi-2026-adjustment", "quote": "the 1997 cost-of-living adjustment factor for the 2026 calendar year is 2.006, which, before rounding, increases the specific dollar amounts by 100.6%. The average U.S. Consumer Price Index is 321.943 for 2025 and 160.5 for 1997. After rounding, the specific dollar amounts are as listed on Table A on the following pages.  the 2023 cost-of-living adjustment factor for the 2026 calendar year is 1.057, which, before rounding, increases the specific dollar amounts by 5.7%. The average U.S. Consumer Price Index is 321.943 for 2025 and 304.702 for 2023. After rounding, the specific dollar amounts are as listed on Table B on the following pages. ____________________________ January 30, 2026 Rachael Eubanks, State Treasurer Table A Estates and Protected Individuals Code Cost-of-Living Adjustments to Specific Dollar Amounts MCL MCL MCL MCL MCL MCL MCL MCL 700.2102 700.2102 700.2402 700.2404 700.2405 700.3982 700.3983 700.7414 * Original Amount $150,000 $100,000 $15,000 $10,000 $18,000 $15,000 $15,000 $50,000 2001Amount 161,000 107,000 16,000 11,000 19,000 16,000 16,000 NA 2002 Amount 165,000 110,000 17,000 11,000 20,000 17,000 17,000 NA 2003 Amount 168,000 112,000 17,000 11,000 20,000 17,000 17,000 NA 2004 Amount 172,000 115,000 17,000 11,000 21,000 17,000 17,000 NA 2005 Amount 177,000 118,000 18,000 12,000 21,000 18,000 18,000 NA 2006 Amount 183,000 122,000 18,000 12,000 22,000 18,000 18,000 NA 2007 Amount 188,000 126,000 19,000 13,000 23,000 19,000 19,000 NA 2008 Amount 194,000 129,000 19,000 13,000 23,000 19,000 19,000 NA 2009 Amount 201,000 134,000 20,000 13,000 24,000 20,000 20,000 NA 2010 Amount 201,000 134,000 20,000 13,000 24,000 20,000 20,000 50,000 2011 Amount 204,000 136,000 20,000 14,000 24,000 20,000 20,000 68,000 2012 Amount 210,000 140,000 21,000 14,000 25,000 21,000 21,000 70,000 2013 Amount 215,000 143,000 21,000 14,000 26,000 21,000 21,000 72,000 2014 Amount 218,000 145,000 22,000 15,000 26,000 22,000 22,000 73,000 2015 Amount 221,000 148,000 22,000 15,000 27,000 22,000 22,000 74,000 2016 Amount 222,000 148,000 22,000 15,000 27,000 22,000 22,000 74,000 2017 Amount 224,000 150,000 22,000 15,000 27,000 22,000 22,000 75,000 2018 Amount 229,000 153,000 23,000 15,000 27,000 23,000 23,000 76,000 2019 Amount 235,000 157,000 23,000 16,000 28,000 23,000 23,000 78,000 2020 Amount 239,000 159,000 24,000 16,000 29,000 24,000 24,000 80,000 2021 Amount 242,000 161,000 24,000 16,000 29,000 24,000 24,000 81,000 2022 Amount 253,000 169,000 25,000 17,000 30,000 25,000 25,000 84,000 2023 Amount 273,000 182,000 27,000 18,000 33,000 27,000 27,000 91,000 2024 Amount 285,000 190,000 28,000 19,000 34,000 28,000 ** 28,000 ** 95,000 2025 Amount 293,000 195,000 29,000 20,000 35,000 (see Table B) 98,000 2026 Amount 301,000 201,000", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Michigan Department of Treasury\", \"quote\": \"the 1997 cost-of-living adjustment factor for the 2026 calendar year is 2.006, which, before rounding, increases the specific dollar amounts by 100.6%. The average U.S. Consumer Price Index is 321.943 for 2025 and 160.5 for 1997. After rounding, the specific dollar amounts are as listed on Table A on the following pages.  the 2023 cost-of-living adjustment factor for the 2026 calendar year is 1.057, which, before rounding, increases the specific dollar amounts by 5.7%. The average U.S. Consumer Price Index is 321.943 for 2025 and 304.702 for 2023. After rounding, the specific dollar amounts are as listed on Table B on the following pages. ____________________________ January 30, 2026 Rachael Eubanks, State Treasurer Table A Estates and Protected Individuals Code Cost-of-Living Adjustments to Specific Dollar Amounts MCL MCL MCL MCL MCL MCL MCL MCL 700.2102 700.2102 700.2402 700.2404 700.2405 700.3982 700.3983 700.7414 * Original Amount $150,000 $100,000 $15,000 $10,000 $18,000 $15,000 $15,000 $50,000 2001Amount 161,000 107,000 16,000 11,000 19,000 16,000 16,000 NA 2002 Amount 165,000 110,000 17,000 11,000 20,000 17,000 17,000 NA 2003 Amount 168,000 112,000 17,000 11,000 20,000 17,000 17,000 NA 2004 Amount 172,000 115,000 17,000 11,000 21,000 17,000 17,000 NA 2005 Amount 177,000 118,000 18,000 12,000 21,000 18,000 18,000 NA 2006 Amount 183,000 122,000 18,000 12,000 22,000 18,000 18,000 NA 2007 Amount 188,000 126,000 19,000 13,000 23,000 19,000 19,000 NA 2008 Amount 194,000 129,000 19,000 13,000 23,000 19,000 19,000 NA 2009 Amount 201,000 134,000 20,000 13,000 24,000 20,000 20,000 NA 2010 Amount 201,000 134,000 20,000 13,000 24,000 20,000 20,000 50,000 2011 Amount 204,000 136,000 20,000 14,000 24,000 20,000 20,000 68,000 2012 Amount 210,000 140,000 21,000 14,000 25,000 21,000 21,000 70,000 2013 Amount 215,000 143,000 21,000 14,000 26,000 21,000 21,000 72,000 2014 Amount 218,000 145,000 22,000 15,000 26,000 22,000 22,000 73,000 2015 Amount 221,000 148,000 22,000 15,000 27,000 22,000 22,000 74,000 2016 Amount 222,000 148,000 22,000 15,000 27,000 22,000 22,000 74,000 2017 Amount 224,000 150,000 22,000 15,000 27,000 22,000 22,000 75,000 2018 Amount 229,000 153,000 23,000 15,000 27,000 23,000 23,000 76,000 2019 Amount 235,000 157,000 23,000 16,000 28,000 23,000 23,000 78,000 2020 Amount 239,000 159,000 24,000 16,000 29,000 24,000 24,000 80,000 2021 Amount 242,000 161,000 24,000 16,000 29,000 24,000 24,000 81,000 2022 Amount 253,000 169,000 25,000 17,000 30,000 25,000 25,000 84,000 2023 Amount 273,000 182,000 27,000 18,000 33,000 27,000 27,000 91,000 2024 Amount 285,000 190,000 28,000 19,000 34,000 28,000 ** 28,000 ** 95,000 2025 Amount 293,000 195,000 29,000 20,000 35,000 (see Table B) 98,000 2026 Amount 301,000 201,000\", \"slug\": \"s19-mi-2026-adjustment\", \"url\": \"https://www.michigan.gov/treasury/-/media/Project/Websites/treasury/ORTA/Economic-Reports-Notices/FY-2026/Notice_01302026_EstatesAndOtherProtectedIndividuals_Signed.pdf\"}, {\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Michigan Legislature\", \"quote\": \"(1) The intestate share of a decedent's surviving spouse is 1 of the following: (a) The entire intestate estate if no descendant or parent of the decedent survives the decedent. (b) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. (c) The first $150,000.00, plus 3/4 of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. (d) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has 1 or more surviving descendants who are not descendants of the decedent. (e) The first $150,000.00, plus 1/2 of any balance of the intestate estate, if 1 or more, but not all, of the decedent's surviving descendants are not descendants of the surviving spouse. (f) The first $100,000.00, plus 1/2 of any balance of the intestate estate, if none of the decedent's surviving descendants are descendants of the surviving spouse. (2) Each dollar amount listed in subsection (1) shall be adjusted as provided in section 1210.\", \"slug\": \"s19-mi-spouse\", \"url\": \"https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-700-2102\"}]", "state": "Michigan" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Minn. Stat. §524.2-102", "code": "MN", "complete": true, "conditions": "", "fact_slugs": "s19-mn-spouse", "next_check_on": "2027-01-23", "official_url": "https://www.revisor.mn.gov/statutes/cite/524.2-102", "passage_id": "mn-spouse", "quote": "The intestate share of a decedent's surviving spouse is: (1) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent, or if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Minnesota Legislature\", \"quote\": \"The intestate share of a decedent's surviving spouse is: (1) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent, or if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.\", \"slug\": \"s19-mn-spouse\", \"url\": \"https://www.revisor.mn.gov/statutes/cite/524.2-102\"}]", "state": "Minnesota" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Minn. Stat. §524.2-103", "code": "MN", "complete": true, "conditions": "", "fact_slugs": "s19-mn-relatives", "next_check_on": "2027-10-23", "official_url": "https://www.revisor.mn.gov/statutes/cite/524.2-103", "passage_id": "mn-relatives", "quote": "Any part of the intestate estate not passing to the decedent's surviving spouse under section 524.2-102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent's descendants by representation; (2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half; (5) if there is no surviving descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent, to the next of kin in equal degree, except that when there are two or more collateral kindred in equal degree claiming through different ancestors, those who claim through the nearest ancestor shall take to the exclusion of those claiming through an ancestor more remote.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Minnesota Legislature\", \"quote\": \"Any part of the intestate estate not passing to the decedent's surviving spouse under section 524.2-102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) to the decedent's descendants by representation; (2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half; (5) if there is no surviving descendant, parent, descendant of a parent, grandparent, or descendant of a grandparent, to the next of kin in equal degree, except that when there are two or more collateral kindred in equal degree claiming through different ancestors, those who claim through the nearest ancestor shall take to the exclusion of those claiming through an ancestor more remote.\", \"slug\": \"s19-mn-relatives\", \"url\": \"https://www.revisor.mn.gov/statutes/cite/524.2-103\"}]", "state": "Minnesota" }, { "category": "What this statute covers", "checked_on": "2026-10-24", "citation": "Miss. Code Ann. § 91-1-11", "code": "MS", "complete": true, "conditions": "", "fact_slugs": "s19-ms-personal-property", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/mscode/", "passage_id": "ms-personal-property", "quote": "(1) Except as provided in subsection (2) of this section, when any person shall die possessed of goods and chattels or personal estate not bequeathed, the same shall descend to and be distributed among his or her heirs in the same manner that real estate not devised descends. (2) When any person shall die possessed of goods and chattels or personal estate not bequeathed, the provisions of Section 91-1-33 are applicable in determining whether a child of a decedent is living at the time of the decedent’s death.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Mississippi Code Public Access, LexisNexis\", \"quote\": \"(1) Except as provided in subsection (2) of this section, when any person shall die possessed of goods and chattels or personal estate not bequeathed, the same shall descend to and be distributed among his or her heirs in the same manner that real estate not devised descends. (2) When any person shall die possessed of goods and chattels or personal estate not bequeathed, the provisions of Section 91-1-33 are applicable in determining whether a child of a decedent is living at the time of the decedent’s death.\", \"slug\": \"s19-ms-personal-property\", \"url\": \"https://www.lexisnexis.com/hottopics/mscode/\"}]", "state": "Mississippi" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "Miss. Code Ann. § 91-1-7", "code": "MS", "complete": true, "conditions": "", "fact_slugs": "s19-ms-spouse", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/mscode/", "passage_id": "ms-spouse", "quote": "(1) If a husband dies intestate and does not leave children or descendants of children, his widow shall be entitled to his entire estate, real and personal, in fee simple, after payment of his debts; but where the deceased husband leaves a child or children by that or a former marriage, or descendants of such child or children, his widow shall have a child’s part of his estate, in either case in fee simple. If a married woman dies owning any real or personal estate not disposed of, it shall descend to her husband and her children or their descendants if she has any surviving her, either by a former husband or by the surviving husband, in equal parts, according to the rules of descent. If she has children and there also are descendants of other children who have died before the mother, the descendants shall inherit the share to which the parent would have been entitled if living, as coheirs with the surviving children. If she has no children or descendants of them, then the husband shall inherit all of her property. (2) The provisions of Section 91-1-33 are applicable in determining whether a child of a decedent is living at the time of the decedent’s death.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Mississippi Code Public Access, LexisNexis\", \"quote\": \"(1) If a husband dies intestate and does not leave children or descendants of children, his widow shall be entitled to his entire estate, real and personal, in fee simple, after payment of his debts; but where the deceased husband leaves a child or children by that or a former marriage, or descendants of such child or children, his widow shall have a child’s part of his estate, in either case in fee simple. If a married woman dies owning any real or personal estate not disposed of, it shall descend to her husband and her children or their descendants if she has any surviving her, either by a former husband or by the surviving husband, in equal parts, according to the rules of descent. If she has children and there also are descendants of other children who have died before the mother, the descendants shall inherit the share to which the parent would have been entitled if living, as coheirs with the surviving children. If she has no children or descendants of them, then the husband shall inherit all of her property. (2) The provisions of Section 91-1-33 are applicable in determining whether a child of a decedent is living at the time of the decedent’s death.\", \"slug\": \"s19-ms-spouse\", \"url\": \"https://www.lexisnexis.com/hottopics/mscode/\"}]", "state": "Mississippi" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "Miss. Code Ann. § 91-1-3", "code": "MS", "complete": true, "conditions": "", "fact_slugs": "s19-ms-heirs", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/mscode/", "passage_id": "ms-heirs", "quote": "When any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts, the descendants of the deceased child or grandchild to take the share of the deceased parent in equal parts among them. When there shall not be a child or children of the intestate nor descendants of such children, then to the brothers and sisters and father and mother of the intestate and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother of the intestate to have in equal parts among them their deceased parent’s share. If there shall not be a child or children of the intestate, or descendants of such children, or brothers or sisters, or descendants of them, or father or mother, then such estate shall descend, in equal parts, to the grandparents and uncles and aunts, if any there be; otherwise, such estate shall descend in equal parts to the next of kin of the intestate in equal degree, computing by the rules of the civil law. There shall not be any representation among collaterals, except among the descendants of the brothers and sisters of the intestate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Mississippi Code Public Access, LexisNexis\", \"quote\": \"When any person shall die seized of any estate of inheritance in lands, tenements, and hereditaments not devised, the same shall descend to his or her children, and their descendants, in equal parts, the descendants of the deceased child or grandchild to take the share of the deceased parent in equal parts among them. When there shall not be a child or children of the intestate nor descendants of such children, then to the brothers and sisters and father and mother of the intestate and the descendants of such brothers and sisters in equal parts, the descendants of a sister or brother of the intestate to have in equal parts among them their deceased parent’s share. If there shall not be a child or children of the intestate, or descendants of such children, or brothers or sisters, or descendants of them, or father or mother, then such estate shall descend, in equal parts, to the grandparents and uncles and aunts, if any there be; otherwise, such estate shall descend in equal parts to the next of kin of the intestate in equal degree, computing by the rules of the civil law. There shall not be any representation among collaterals, except among the descendants of the brothers and sisters of the intestate.\", \"slug\": \"s19-ms-heirs\", \"url\": \"https://www.lexisnexis.com/hottopics/mscode/\"}]", "state": "Mississippi" }, { "category": "Other conditions to read", "checked_on": "2026-10-24", "citation": "Miss. Code Ann. § 91-1-5", "code": "MS", "complete": true, "conditions": "", "fact_slugs": "s19-ms-half-blood", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/mscode/", "passage_id": "ms-half-blood", "quote": "There shall not be, in any case, a distinction between the kindred of the whole and half-blood, except that the kindred of the whole-blood, in equal degree, shall be preferred to the kindred of the half-blood in the same degree.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Mississippi Code Public Access, LexisNexis\", \"quote\": \"There shall not be, in any case, a distinction between the kindred of the whole and half-blood, except that the kindred of the whole-blood, in equal degree, shall be preferred to the kindred of the half-blood in the same degree.\", \"slug\": \"s19-ms-half-blood\", \"url\": \"https://www.lexisnexis.com/hottopics/mscode/\"}]", "state": "Mississippi" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "RSMo §474.010", "code": "MO", "complete": true, "conditions": "", "fact_slugs": "s19-mo-scope", "next_check_on": "2027-10-23", "official_url": "https://revisor.mo.gov/main/OneSection.aspx?section=474.010", "passage_id": "mo-scope", "quote": "All property as to which any decedent dies intestate shall descend and be distributed, subject to the payment of claims, as follows:", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Missouri Legislature\", \"quote\": \"All property as to which any decedent dies intestate shall descend and be distributed, subject to the payment of claims, as follows:\", \"slug\": \"s19-mo-scope\", \"url\": \"https://revisor.mo.gov/main/OneSection.aspx?section=474.010\"}]", "state": "Missouri" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "RSMo §474.010(1)", "code": "MO", "complete": true, "conditions": "", "fact_slugs": "s19-mo-spouse", "next_check_on": "2027-01-23", "official_url": "https://revisor.mo.gov/main/OneSection.aspx?section=474.010", "passage_id": "mo-spouse", "quote": "(1) The surviving spouse shall receive: (a) The entire intestate estate if there is no surviving issue of the decedent; (b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the balance of the intestate estate, if there are surviving issue, all of whom are also issue of the surviving spouse; (c) One-half of the intestate estate if there are surviving issue, one or more of whom are not issue of the surviving spouse;", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Missouri Legislature\", \"quote\": \"(1) The surviving spouse shall receive: (a) The entire intestate estate if there is no surviving issue of the decedent; (b) The first twenty thousand dollars in value of the intestate estate, plus one-half of the balance of the intestate estate, if there are surviving issue, all of whom are also issue of the surviving spouse; (c) One-half of the intestate estate if there are surviving issue, one or more of whom are not issue of the surviving spouse;\", \"slug\": \"s19-mo-spouse\", \"url\": \"https://revisor.mo.gov/main/OneSection.aspx?section=474.010\"}]", "state": "Missouri" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "RSMo §474.010(2) to (4)", "code": "MO", "complete": true, "conditions": "", "fact_slugs": "s19-mo-relatives", "next_check_on": "2027-10-23", "official_url": "https://revisor.mo.gov/main/OneSection.aspx?section=474.010", "passage_id": "mo-relatives", "quote": "(2) The part not distributable to the surviving spouse, or the entire intestate property, if there is no surviving spouse, shall descend and be distributed as follows: (a) To the decedent's children, or their descendants, in equal parts; (b) If there are no children, or their descendants, then to the decedent's father, mother, brothers and sisters or their descendants in equal parts; (c) If there are no children, or their descendants, father, mother, brother or sister, or their descendants, then to the grandfathers, grandmothers, uncles and aunts or their descendants in equal parts; (d) If there are no children or their descendants, father, mother, brother, sister, or their descendants, grandfather, grandmother, uncles, aunts, nor their descendants, then to the great-grandfathers, great-grandmothers, or their descendants, in equal parts; and so on, in other cases without end, passing to the nearest lineal ancestors and their children, or their descendants, in equal parts; provided, however, that collateral relatives, that is, relatives who are neither ancestors nor descendants of the decedent, may not inherit unless they are related to the decedent at least as closely as the ninth degree, the degree of kinship being computed according to the rules of the civil law; that is, by counting upward from the decedent to the nearest common ancestor, and then downward to the relative, the degree of kinship being the sum of these two counts, so that brothers are related in the second degree; (3) If there is no surviving spouse or kindred of the decedent entitled to inherit, the whole shall go to the kindred of the predeceased spouse who, at the time of the spouse's death, was married to the decedent, in like course as if such predeceased spouse had survived the decedent and then died entitled to the property, and if there is more than one such predeceased spouse, then to go in equal shares to the kindred of each predeceased spouse; (4) If no person is entitled to inherit as provided in this section the property shall escheat as provided by law.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Missouri Legislature\", \"quote\": \"(2) The part not distributable to the surviving spouse, or the entire intestate property, if there is no surviving spouse, shall descend and be distributed as follows: (a) To the decedent's children, or their descendants, in equal parts; (b) If there are no children, or their descendants, then to the decedent's father, mother, brothers and sisters or their descendants in equal parts; (c) If there are no children, or their descendants, father, mother, brother or sister, or their descendants, then to the grandfathers, grandmothers, uncles and aunts or their descendants in equal parts; (d) If there are no children or their descendants, father, mother, brother, sister, or their descendants, grandfather, grandmother, uncles, aunts, nor their descendants, then to the great-grandfathers, great-grandmothers, or their descendants, in equal parts; and so on, in other cases without end, passing to the nearest lineal ancestors and their children, or their descendants, in equal parts; provided, however, that collateral relatives, that is, relatives who are neither ancestors nor descendants of the decedent, may not inherit unless they are related to the decedent at least as closely as the ninth degree, the degree of kinship being computed according to the rules of the civil law; that is, by counting upward from the decedent to the nearest common ancestor, and then downward to the relative, the degree of kinship being the sum of these two counts, so that brothers are related in the second degree; (3) If there is no surviving spouse or kindred of the decedent entitled to inherit, the whole shall go to the kindred of the predeceased spouse who, at the time of the spouse's death, was married to the decedent, in like course as if such predeceased spouse had survived the decedent and then died entitled to the property, and if there is more than one such predeceased spouse, then to go in equal shares to the kindred of each predeceased spouse; (4) If no person is entitled to inherit as provided in this section the property shall escheat as provided by law.\", \"slug\": \"s19-mo-relatives\", \"url\": \"https://revisor.mo.gov/main/OneSection.aspx?section=474.010\"}]", "state": "Missouri" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "72-2-112 MCA", "code": "MT", "complete": true, "conditions": "", "fact_slugs": "s19-mt-spouse", "next_check_on": "2027-01-23", "official_url": "https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0010/section_0120/0720-0020-0010-0120.html", "passage_id": "mt-spouse", "quote": "The intestate share of a decedent's surviving spouse is: (1) the entire intestate estate if: (a) no descendant or parent of the decedent survives the decedent; or (b) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $300,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent; (3) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) the first $150,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Montana Legislature\", \"quote\": \"The intestate share of a decedent's surviving spouse is: (1) the entire intestate estate if: (a) no descendant or parent of the decedent survives the decedent; or (b) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (2) the first $300,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent but a parent of the decedent survives the decedent; (3) the first $225,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (4) the first $150,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.\", \"slug\": \"s19-mt-spouse\", \"url\": \"https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0010/section_0120/0720-0020-0010-0120.html\"}]", "state": "Montana" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "72-2-113 MCA", "code": "MT", "complete": true, "conditions": "", "fact_slugs": "s19-mt-relatives", "next_check_on": "2027-10-23", "official_url": "https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0010/section_0130/0720-0020-0010-0130.html", "passage_id": "mt-relatives", "quote": "(1) Any part of the intestate estate not passing to the decedent's surviving spouse under 72-2-112 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (a) to the decedent's descendants by representation; (b) if there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent; (c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (d) if there is no surviving descendant, parent, or descendant of a parent and the decedent is: (i) survived by one or more grandparents or descendants of grandparents: (A) one-half to: (I) the decedent's paternal grandparents equally if both survive; (II) the surviving paternal grandparent; or (III) the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and (B) the other one-half to the decedent's maternal relatives in the same manner; or (ii) not survived by a grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate to the decedent's relatives on the other side in the same manner as the half; (e) if there is no surviving descendant, grandparent, or descendant of a grandparent, to the person of the closest degree of kinship with the decedent. Except as provided in subsection (2), if more than one person is of that closest degree, those persons share equally. (2) If more than one person is of the closest degree as provided in subsection (1)(e) but they claim through different ancestors, those who claim through the nearer ancestor must receive to the exclusion of those claiming through a more remote ancestor.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Montana Legislature\", \"quote\": \"(1) Any part of the intestate estate not passing to the decedent's surviving spouse under 72-2-112 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (a) to the decedent's descendants by representation; (b) if there is no surviving descendant, to the decedent's parents equally if both survive or to the surviving parent; (c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (d) if there is no surviving descendant, parent, or descendant of a parent and the decedent is: (i) survived by one or more grandparents or descendants of grandparents: (A) one-half to: (I) the decedent's paternal grandparents equally if both survive; (II) the surviving paternal grandparent; or (III) the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and (B) the other one-half to the decedent's maternal relatives in the same manner; or (ii) not survived by a grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate to the decedent's relatives on the other side in the same manner as the half; (e) if there is no surviving descendant, grandparent, or descendant of a grandparent, to the person of the closest degree of kinship with the decedent. Except as provided in subsection (2), if more than one person is of that closest degree, those persons share equally. (2) If more than one person is of the closest degree as provided in subsection (1)(e) but they claim through different ancestors, those who claim through the nearer ancestor must receive to the exclusion of those claiming through a more remote ancestor.\", \"slug\": \"s19-mt-relatives\", \"url\": \"https://mca.legmt.gov/bills/mca/title_0720/chapter_0020/part_0010/section_0130/0720-0020-0010-0130.html\"}]", "state": "Montana" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Neb. Rev. Stat. §30-2302", "code": "NE", "complete": true, "conditions": "", "fact_slugs": "s19-ne-spouse", "next_check_on": "2027-01-23", "official_url": "https://www.nebraskalegislature.gov/laws/statutes.php?statute=30-2302", "passage_id": "ne-spouse", "quote": "The intestate share of the surviving spouse is: (1) if there is no surviving issue or parent of the decedent, the entire intestate estate; (2) if there is no surviving issue but the decedent is survived by a parent or parents, the first one hundred fifty thousand dollars, plus one-half of the balance of the intestate estate; (3) if there are surviving issue all of whom are issue of the surviving spouse also, the first one hundred fifty thousand dollars, plus one-half of the balance of the intestate estate; (4) if there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Nebraska Legislature\", \"quote\": \"The intestate share of the surviving spouse is: (1) if there is no surviving issue or parent of the decedent, the entire intestate estate; (2) if there is no surviving issue but the decedent is survived by a parent or parents, the first one hundred fifty thousand dollars, plus one-half of the balance of the intestate estate; (3) if there are surviving issue all of whom are issue of the surviving spouse also, the first one hundred fifty thousand dollars, plus one-half of the balance of the intestate estate; (4) if there are surviving issue one or more of whom are not issue of the surviving spouse, one-half of the intestate estate.\", \"slug\": \"s19-ne-spouse\", \"url\": \"https://www.nebraskalegislature.gov/laws/statutes.php?statute=30-2302\"}]", "state": "Nebraska" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Neb. Rev. Stat. §30-2303", "code": "NE", "complete": true, "conditions": "", "fact_slugs": "s19-ne-relatives", "next_check_on": "2027-10-23", "official_url": "https://www.nebraskalegislature.gov/laws/statutes.php?statute=30-2303", "passage_id": "ne-relatives", "quote": "The part of the intestate estate not passing to the surviving spouse under section 30-2302, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) to the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) if there is no surviving issue, to his parent or parents equally; (3) if there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) if there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half; (5) if there is no surviving issue, parent, issue of a parent, grandparent or issue of a grandparent, the entire estate passes to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through a more remote ancestor.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Nebraska Legislature\", \"quote\": \"The part of the intestate estate not passing to the surviving spouse under section 30-2302, or the entire intestate estate if there is no surviving spouse, passes as follows: (1) to the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) if there is no surviving issue, to his parent or parents equally; (3) if there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) if there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half; (5) if there is no surviving issue, parent, issue of a parent, grandparent or issue of a grandparent, the entire estate passes to the next of kin in equal degree, excepting that when there are two or more collateral kindred in equal degree, but claiming through different ancestors, those who claim through the nearest ancestor shall be preferred to those claiming through a more remote ancestor.\", \"slug\": \"s19-ne-relatives\", \"url\": \"https://www.nebraskalegislature.gov/laws/statutes.php?statute=30-2303\"}]", "state": "Nebraska" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "NRS134.040", "code": "NV", "complete": true, "conditions": "", "fact_slugs": "s19-nv-spouse-issue", "next_check_on": "2027-10-23", "official_url": "https://www.leg.state.nv.us/nrs/nrs-134.html", "passage_id": "nv-spouse-issue", "quote": "NRS 134.040 Surviving spouse and issue. 1. If the decedent leaves a surviving spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving spouse and one-half to the child or the issue of the child. 2. If the decedent leaves a surviving spouse and more than one child living, or a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving spouse and the remainder in equal shares to the children and the lawful issue of any deceased child by right of representation.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Nevada Legislature\", \"quote\": \"NRS 134.040 Surviving spouse and issue. 1. If the decedent leaves a surviving spouse and only one child, or the lawful issue of one child, the estate goes one-half to the surviving spouse and one-half to the child or the issue of the child. 2. If the decedent leaves a surviving spouse and more than one child living, or a child and the lawful issue of one or more deceased children, the estate goes one-third to the surviving spouse and the remainder in equal shares to the children and the lawful issue of any deceased child by right of representation.\", \"slug\": \"s19-nv-spouse-issue\", \"url\": \"https://www.leg.state.nv.us/nrs/nrs-134.html\"}]", "state": "Nevada" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "NRS134.050", "code": "NV", "complete": true, "conditions": "", "fact_slugs": "s19-nv-spouse-parent-sibling", "next_check_on": "2027-10-23", "official_url": "https://www.leg.state.nv.us/nrs/nrs-134.html", "passage_id": "nv-spouse-parent-sibling", "quote": "NRS 134.050 Surviving spouse and no issue; no surviving spouse or issue but parent. 1. If the decedent leaves no issue, the estate goes one-half to the surviving spouse, one-fourth to one parent of the decedent and one-fourth to the other parent of the decedent, if both are living. If both parents are not living, one-half to the parent then living. 2. If the decedent leaves no issue or parent, one-half of the separate property of the decedent goes to the surviving spouse and the other one-half goes in equal shares to the brothers and sisters of the decedent. 3. If the decedent leaves no issue or surviving spouse, the estate goes one-half to one parent of the decedent and one-half to the other parent of the decedent, if both are living. If both parents are not living, the whole estate goes to the parent then living. 4. If the decedent leaves no issue, parent, brother or sister, or children of any issue, all of the separate property of the decedent goes to the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Nevada Legislature\", \"quote\": \"NRS 134.050 Surviving spouse and no issue; no surviving spouse or issue but parent. 1. If the decedent leaves no issue, the estate goes one-half to the surviving spouse, one-fourth to one parent of the decedent and one-fourth to the other parent of the decedent, if both are living. If both parents are not living, one-half to the parent then living. 2. If the decedent leaves no issue or parent, one-half of the separate property of the decedent goes to the surviving spouse and the other one-half goes in equal shares to the brothers and sisters of the decedent. 3. If the decedent leaves no issue or surviving spouse, the estate goes one-half to one parent of the decedent and one-half to the other parent of the decedent, if both are living. If both parents are not living, the whole estate goes to the parent then living. 4. If the decedent leaves no issue, parent, brother or sister, or children of any issue, all of the separate property of the decedent goes to the surviving spouse.\", \"slug\": \"s19-nv-spouse-parent-sibling\", \"url\": \"https://www.leg.state.nv.us/nrs/nrs-134.html\"}]", "state": "Nevada" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "NRS134.010", "code": "NV", "complete": true, "conditions": "", "fact_slugs": "s19-nv-community-scope", "next_check_on": "2027-10-23", "official_url": "https://www.leg.state.nv.us/nrs/nrs-134.html", "passage_id": "nv-community-scope", "quote": "NRS 134.010 Vesting upon death of spouse; applicability of chapter only to separate property. If a decedent leaves a surviving spouse: 1. Community property with right of survivorship vests in accordance with the right of survivorship; 2. All other community property vests as provided in NRS 123.250; and 3. The provisions of this chapter apply only to the separate property of the decedent.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Nevada Legislature\", \"quote\": \"NRS 134.010 Vesting upon death of spouse; applicability of chapter only to separate property. If a decedent leaves a surviving spouse: 1. Community property with right of survivorship vests in accordance with the right of survivorship; 2. All other community property vests as provided in NRS 123.250; and 3. The provisions of this chapter apply only to the separate property of the decedent.\", \"slug\": \"s19-nv-community-scope\", \"url\": \"https://www.leg.state.nv.us/nrs/nrs-134.html\"}]", "state": "Nevada" }, { "category": "Community and separate property", "checked_on": "2026-10-24", "citation": "NRS 123.250", "code": "NV", "complete": true, "conditions": "", "fact_slugs": "s19-nv-community-ownership", "next_check_on": "2027-01-24", "official_url": "https://www.leg.state.nv.us/nrs/nrs-123.html", "passage_id": "nv-community-ownership", "quote": "NRS 123.250 Ownership of survivor upon death of spouse; disposal by will of decedent. 1. Except as otherwise provided in subsection 2, upon the death of either spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property. (b) The remaining interest: (1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and (2) Is the only portion subject to administration under the provisions of title 12 of NRS. 2. The provisions of this section: (a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS. (b) Do not apply to community property with right of survivorship. (c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975. 3. As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Nevada Legislature\", \"quote\": \"NRS 123.250 Ownership of survivor upon death of spouse; disposal by will of decedent. 1. Except as otherwise provided in subsection 2, upon the death of either spouse: (a) An undivided one-half interest in the community property is the property of the surviving spouse and his or her sole separate property. (b) The remaining interest: (1) Is subject to the testamentary disposition of the decedent or, in the absence of such a testamentary disposition, goes to the surviving spouse; and (2) Is the only portion subject to administration under the provisions of title 12 of NRS. 2. The provisions of this section: (a) Do not apply to the extent that they are inconsistent with the provisions of chapter 41B of NRS. (b) Do not apply to community property with right of survivorship. (c) Apply to all other community property, whether the community property was acquired before, on or after July 1, 1975. 3. As used in this section, “community property with right of survivorship” means community property in which a right of survivorship exists pursuant to NRS 111.064 or 115.060 or any other provision of law.\", \"slug\": \"s19-nv-community-ownership\", \"url\": \"https://www.leg.state.nv.us/nrs/nrs-123.html\"}]", "state": "Nevada" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "NRS134.060", "code": "NV", "complete": true, "conditions": "", "fact_slugs": "s19-nv-siblings", "next_check_on": "2027-10-23", "official_url": "https://www.leg.state.nv.us/nrs/nrs-134.html", "passage_id": "nv-siblings", "quote": "NRS 134.060 No issue, surviving spouse or parent but sibling. If there is no issue, surviving spouse or parent, then the estate goes in equal shares to the brothers and sisters of the decedent and to the lawful issue of any deceased brother or sister by right of representation as follows: 1. To the brothers and sisters, each a share; and 2. To the lawful issue of each deceased brother and sister, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Nevada Legislature\", \"quote\": \"NRS 134.060 No issue, surviving spouse or parent but sibling. If there is no issue, surviving spouse or parent, then the estate goes in equal shares to the brothers and sisters of the decedent and to the lawful issue of any deceased brother or sister by right of representation as follows: 1. To the brothers and sisters, each a share; and 2. To the lawful issue of each deceased brother and sister, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent.\", \"slug\": \"s19-nv-siblings\", \"url\": \"https://www.leg.state.nv.us/nrs/nrs-134.html\"}]", "state": "Nevada" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "NRS134.090 to134.110", "code": "NV", "complete": true, "conditions": "", "fact_slugs": "s19-nv-descendants", "next_check_on": "2027-10-23", "official_url": "https://www.leg.state.nv.us/nrs/nrs-134.html", "passage_id": "nv-descendants", "quote": "NRS 134.090 No surviving spouse but issue. If the decedent leaves no surviving spouse, but there is a child or children, the estate, if there is only one child, all goes to that child. If there is more than one child, the estate goes to all the children of the decedent, to share and share alike. [Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999, 2260) NRS 134.100 No surviving spouse but issue and children of issue. If the decedent leaves no surviving spouse, but there is a child or children and the lawful issue of a child or children, the estate goes to the child or children and lawful issue of the child or children by right of representation as follows: To the child or children, each a share and to the lawful issue of each deceased child, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent. [Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999, 2260) NRS 134.110 No surviving spouse or issue but children of issue. If the decedent leaves no surviving spouse, or child or children, but there is the lawful issue of a child or children, all the estate descends and must be distributed to the lawful issue of the child or children by right of representation, and this rule applies to the lawful issue of all such children, and to the lawful issue ad infinitum. [Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999, 2261)", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Nevada Legislature\", \"quote\": \"NRS 134.090 No surviving spouse but issue. If the decedent leaves no surviving spouse, but there is a child or children, the estate, if there is only one child, all goes to that child. If there is more than one child, the estate goes to all the children of the decedent, to share and share alike. [Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999, 2260) NRS 134.100 No surviving spouse but issue and children of issue. If the decedent leaves no surviving spouse, but there is a child or children and the lawful issue of a child or children, the estate goes to the child or children and lawful issue of the child or children by right of representation as follows: To the child or children, each a share and to the lawful issue of each deceased child, by right of representation, the same share that the parent would have received if the parent had been living at the time of the death of the decedent. [Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999, 2260) NRS 134.110 No surviving spouse or issue but children of issue. If the decedent leaves no surviving spouse, or child or children, but there is the lawful issue of a child or children, all the estate descends and must be distributed to the lawful issue of the child or children by right of representation, and this rule applies to the lawful issue of all such children, and to the lawful issue ad infinitum. [Part 297:107:1941; A 1945, 349; 1943 NCL § 9882.297]—(NRS A 1999, 2261)\", \"slug\": \"s19-nv-descendants\", \"url\": \"https://www.leg.state.nv.us/nrs/nrs-134.html\"}]", "state": "Nevada" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "NRS134.005", "code": "NV", "complete": true, "conditions": "", "fact_slugs": "s19-nv-premarital-agreement", "next_check_on": "2027-10-23", "official_url": "https://www.leg.state.nv.us/nrs/nrs-134.html", "passage_id": "nv-premarital-agreement", "quote": "NRS 134.005 Applicability of chapter as between spouses with premarital agreement. The provisions of this chapter do not apply to the extent that they are inconsistent with the provisions of a premarital agreement which was executed by the decedent and the surviving spouse of the decedent and which is enforceable pursuant to chapter 123A of NRS.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Nevada Legislature\", \"quote\": \"NRS 134.005 Applicability of chapter as between spouses with premarital agreement. The provisions of this chapter do not apply to the extent that they are inconsistent with the provisions of a premarital agreement which was executed by the decedent and the surviving spouse of the decedent and which is enforceable pursuant to chapter 123A of NRS.\", \"slug\": \"s19-nv-premarital-agreement\", \"url\": \"https://www.leg.state.nv.us/nrs/nrs-134.html\"}]", "state": "Nevada" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "RSA561:1 opening", "code": "NH", "complete": true, "conditions": "", "fact_slugs": "s19-nh-scope", "next_check_on": "2027-10-23", "official_url": "https://gc.nh.gov/rsa/html/LVI/561/561-mrg.htm", "passage_id": "nh-scope", "quote": "The real estate and personal estate of every person deceased, not devised or bequeathed, subject to any homestead right, and liable to be sold by license from the court of probate in cases provided by law, and personally remaining in the hands of the administrator on settlement of his or her account, shall descend or be distributed by decree of the probate court:", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New Hampshire General Court\", \"quote\": \"The real estate and personal estate of every person deceased, not devised or bequeathed, subject to any homestead right, and liable to be sold by license from the court of probate in cases provided by law, and personally remaining in the hands of the administrator on settlement of his or her account, shall descend or be distributed by decree of the probate court:\", \"slug\": \"s19-nh-scope\", \"url\": \"https://gc.nh.gov/rsa/html/LVI/561/561-mrg.htm\"}]", "state": "New Hampshire" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "RSA561:1 I", "code": "NH", "complete": true, "conditions": "", "fact_slugs": "s19-nh-spouse", "next_check_on": "2027-01-23", "official_url": "https://gc.nh.gov/rsa/html/LVI/561/561-mrg.htm", "passage_id": "nh-spouse", "quote": "I. If the deceased is survived by a spouse, the spouse shall receive: (a) If there is no surviving issue or parent of the decedent, the entire intestate estate; (b) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and there are no other issue of the surviving spouse who survive the decedent, the first $250,000, plus 1/2 of the balance; (c) If there are no surviving issue of the decedent but the decedent is survived by a parent or parents, the first $250,000, plus 3/4 of the balance of the intestate estate; (d) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and the surviving spouse has one or more surviving issue who are not the issue of the decedent, the first $150,000, plus 1/2 of the balance of the intestate estate; (e) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, the first $100,000, plus 1/2 of the balance of the intestate estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"New Hampshire General Court\", \"quote\": \"I. If the deceased is survived by a spouse, the spouse shall receive: (a) If there is no surviving issue or parent of the decedent, the entire intestate estate; (b) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and there are no other issue of the surviving spouse who survive the decedent, the first $250,000, plus 1/2 of the balance; (c) If there are no surviving issue of the decedent but the decedent is survived by a parent or parents, the first $250,000, plus 3/4 of the balance of the intestate estate; (d) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, and the surviving spouse has one or more surviving issue who are not the issue of the decedent, the first $150,000, plus 1/2 of the balance of the intestate estate; (e) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, the first $100,000, plus 1/2 of the balance of the intestate estate.\", \"slug\": \"s19-nh-spouse\", \"url\": \"https://gc.nh.gov/rsa/html/LVI/561/561-mrg.htm\"}]", "state": "New Hampshire" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "RSA561:1 II toIII", "code": "NH", "complete": true, "conditions": "", "fact_slugs": "s19-nh-relatives", "next_check_on": "2027-10-23", "official_url": "https://gc.nh.gov/rsa/html/LVI/561/561-mrg.htm", "passage_id": "nh-relatives", "quote": "II. The part of the intestate estate not passing to the surviving spouse under paragraph I, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degree take by representation. (b) If there are no surviving issue, to the decedent's parent or parents equally. (c) If there are no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother or sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree then those of more remote degree take by representation. (d) If there are no surviving issue, parent or issue of a parent but the decedent is survived by one or more grandparents, one half of the estate passes to the paternal grandparents if both survive or to the surviving paternal grandparent if one paternal grandparent is deceased and the other half passes to the maternal grandparents in the same manner; or if only one grandparent survives, such grandparent shall receive the entire estate. (e) If there are no surviving issue, parent, issue of a parent, or grandparent but there are issue of the decedent's grandparent who survive, one half of the estate passes to the issue of the paternal grandparent who are not beyond the fourth degree of kinship to the decedent and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation, and the other half passes to the issue of the maternal grandparent who are not beyond the fourth degree of kinship and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; provided, however, that if there are no issue of the decedent's grandparent within the fourth degree of kinship to the decedent on either the paternal or maternal side, the entire estate passes to the issue on the other side who are not beyond the fourth degree of kinship to the decedent and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation. (f) No portion of a decedent's intestate estate shall pass to any person who is of the fifth or greater degree of kinship to the decedent. (g) If there is no taker under the provisions of this section, the intestate estate passes to the state of New Hampshire. III. All determinations of survivorship shall be made in accordance with the provisions of RSA 563.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New Hampshire General Court\", \"quote\": \"II. The part of the intestate estate not passing to the surviving spouse under paragraph I, or the entire intestate estate if there is no surviving spouse, passes as follows: (a) To the issue of the decedent equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degree take by representation. (b) If there are no surviving issue, to the decedent's parent or parents equally. (c) If there are no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother or sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree then those of more remote degree take by representation. (d) If there are no surviving issue, parent or issue of a parent but the decedent is survived by one or more grandparents, one half of the estate passes to the paternal grandparents if both survive or to the surviving paternal grandparent if one paternal grandparent is deceased and the other half passes to the maternal grandparents in the same manner; or if only one grandparent survives, such grandparent shall receive the entire estate. (e) If there are no surviving issue, parent, issue of a parent, or grandparent but there are issue of the decedent's grandparent who survive, one half of the estate passes to the issue of the paternal grandparent who are not beyond the fourth degree of kinship to the decedent and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation, and the other half passes to the issue of the maternal grandparent who are not beyond the fourth degree of kinship and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; provided, however, that if there are no issue of the decedent's grandparent within the fourth degree of kinship to the decedent on either the paternal or maternal side, the entire estate passes to the issue on the other side who are not beyond the fourth degree of kinship to the decedent and said issue shall take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation. (f) No portion of a decedent's intestate estate shall pass to any person who is of the fifth or greater degree of kinship to the decedent. (g) If there is no taker under the provisions of this section, the intestate estate passes to the state of New Hampshire. III. All determinations of survivorship shall be made in accordance with the provisions of RSA 563.\", \"slug\": \"s19-nh-relatives\", \"url\": \"https://gc.nh.gov/rsa/html/LVI/561/561-mrg.htm\"}]", "state": "New Hampshire" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "RSA561:2", "code": "NH", "complete": true, "conditions": "", "fact_slugs": "s19-nh-unmarried-minor", "next_check_on": "2027-10-23", "official_url": "https://gc.nh.gov/rsa/html/LVI/561/561-mrg.htm", "passage_id": "nh-unmarried-minor", "quote": "561:2 Estate of Unmarried Minor. – If any person die under age and unmarried his estate, derived by descent or devise from his father or mother, shall descend to his brothers and sisters, or their legal representatives if any, to the exclusion of the other parent.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New Hampshire General Court\", \"quote\": \"561:2 Estate of Unmarried Minor. – If any person die under age and unmarried his estate, derived by descent or devise from his father or mother, shall descend to his brothers and sisters, or their legal representatives if any, to the exclusion of the other parent.\", \"slug\": \"s19-nh-unmarried-minor\", \"url\": \"https://gc.nh.gov/rsa/html/LVI/561/561-mrg.htm\"}]", "state": "New Hampshire" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "N.J.S.A. 3B:5-3", "code": "NJ", "complete": true, "conditions": "", "fact_slugs": "s19-nj-spouse", "next_check_on": "2027-01-24", "official_url": "https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu", "passage_id": "nj-spouse", "quote": "The intestate share of the surviving spouse, partner in a civil union, or domestic partner is: a. The entire intestate estate if: (1) No descendant or parent of the decedent survives the decedent; or (2) All of the decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and there is no other descendant of the surviving spouse or domestic partner, partner in a civil union, who survives the decedent; b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate: (1) If all of the decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and the surviving spouse, partner in a civil union, or domestic partner has one or more surviving descendants who are not descendants of the decedent; or (2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse, partner in a civil union, or domestic partner. d. For purposes of this section: \"Surviving spouse, partner in a civil union, or domestic partner\" shall not include: (1) an individual who has filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, or against whom a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, has been filed for: divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board; or (2) an individual who has entered into a validly executed equitable distribution cut-off agreement or termination agreement where the underlying subject matter of the complaint or equitable distribution cut-off agreement or termination agreement is divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board; or (3) an individual who at the time of death of the decedent had: (a) ceased to cohabit with the decedent under circumstances which would have given rise to a cause of action for divorce or nullity of marriage to a decedent prior to his or her death under the laws of this State; and (b) where, through written agreement, affirmative acts, or both written agreement and affirmative acts of the individual and decedent there had been a division of assets equivalent to equitable distribution; or (4) an individual who, at the time of death of the deceased, had entered into a validly executed marital settlement agreement with the decedent where the underlying subject matter of the marital settlement agreement is divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"New Jersey Legislature\", \"quote\": \"The intestate share of the surviving spouse, partner in a civil union, or domestic partner is: a. The entire intestate estate if: (1) No descendant or parent of the decedent survives the decedent; or (2) All of the decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and there is no other descendant of the surviving spouse or domestic partner, partner in a civil union, who survives the decedent; b. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent; c. The first 25% of the intestate estate, but not less than $50,000.00 nor more than $200,000.00, plus one-half of the balance of the intestate estate: (1) If all of the decedent's surviving descendants are also descendants of the surviving spouse, partner in a civil union, or domestic partner and the surviving spouse, partner in a civil union, or domestic partner has one or more surviving descendants who are not descendants of the decedent; or (2) If one or more of the decedent's surviving descendants is not a descendant of the surviving spouse, partner in a civil union, or domestic partner. d. For purposes of this section: \\\"Surviving spouse, partner in a civil union, or domestic partner\\\" shall not include: (1) an individual who has filed a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, or against whom a complaint not dismissed pursuant to R.4:6-2 of the Rules of Court, has been filed for: divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board; or (2) an individual who has entered into a validly executed equitable distribution cut-off agreement or termination agreement where the underlying subject matter of the complaint or equitable distribution cut-off agreement or termination agreement is divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board; or (3) an individual who at the time of death of the decedent had: (a) ceased to cohabit with the decedent under circumstances which would have given rise to a cause of action for divorce or nullity of marriage to a decedent prior to his or her death under the laws of this State; and (b) where, through written agreement, affirmative acts, or both written agreement and affirmative acts of the individual and decedent there had been a division of assets equivalent to equitable distribution; or (4) an individual who, at the time of death of the deceased, had entered into a validly executed marital settlement agreement with the decedent where the underlying subject matter of the marital settlement agreement is divorce, dissolution of civil union, termination of domestic partnership, or divorce from bed and board.\", \"slug\": \"s19-nj-spouse\", \"url\": \"https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu\"}]", "state": "New Jersey" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "N.J.S.A. 3B:5-4", "code": "NJ", "complete": true, "conditions": "", "fact_slugs": "s19-nj-heirs", "next_check_on": "2027-01-24", "official_url": "https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu", "passage_id": "nj-heirs", "quote": "Any part of the intestate estate not passing to the decedent's surviving spouse, partner in a civil union, or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse, partner in a civil union, or domestic partner, passes in the following order to the individuals designated below who survive the decedent: a. To the decedent's descendants by representation; b. If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent, except as provided in section 4 of P.L.2009, c.43 (C.3B:5-14.1); c. If there are no surviving descendants or parent, to the descendants of the decedent's parents or either of them by representation; d. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half; e. If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; f. If there are no surviving descendants of grandparents, then the decedent's step-children or their descendants by representation.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"New Jersey Legislature\", \"quote\": \"Any part of the intestate estate not passing to the decedent's surviving spouse, partner in a civil union, or domestic partner under N.J.S.3B:5-3, or the entire intestate estate if there is no surviving spouse, partner in a civil union, or domestic partner, passes in the following order to the individuals designated below who survive the decedent: a. To the decedent's descendants by representation; b. If there are no surviving descendants, to the decedent's parents equally if both survive, or to the surviving parent, except as provided in section 4 of P.L.2009, c.43 (C.3B:5-14.1); c. If there are no surviving descendants or parent, to the descendants of the decedent's parents or either of them by representation; d. If there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent, or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half; e. If there is no surviving descendant, parent, descendant of a parent, or grandparent, but the decedent is survived by one or more descendants of grandparents, the descendants take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; f. If there are no surviving descendants of grandparents, then the decedent's step-children or their descendants by representation.\", \"slug\": \"s19-nj-heirs\", \"url\": \"https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu\"}]", "state": "New Jersey" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "NMSA1978 §45-2-101", "code": "NM", "complete": true, "conditions": "", "fact_slugs": "s19-nm-scope", "next_check_on": "2027-10-23", "official_url": "https://nmonesource.com/nmos/nmsa/en/4393/1/document.do", "passage_id": "nm-scope", "quote": "45-2-101. Intestate estate. A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in the Uniform Probate Code, except as modified by the decedent's will. B. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New Mexico Compilation Commission\", \"quote\": \"45-2-101. Intestate estate. A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in the Uniform Probate Code, except as modified by the decedent's will. B. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.\", \"slug\": \"s19-nm-scope\", \"url\": \"https://nmonesource.com/nmos/nmsa/en/4393/1/document.do\"}]", "state": "New Mexico" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "NMSA1978 §45-2-102", "code": "NM", "complete": true, "conditions": "", "fact_slugs": "s19-nm-spouse", "next_check_on": "2027-10-23", "official_url": "https://nmonesource.com/nmos/nmsa/en/4393/1/document.do", "passage_id": "nm-spouse", "quote": "45-2-102. Share of the spouse. The intestate share of the surviving spouse is determined as follows: A. as to separate property: (1) if there is no surviving issue of the decedent, the entire intestate estate; or (2) if there is surviving issue of the decedent, one-fourth of the intestate estate; and B. as to community property, the one-half of the community property as to which the decedent could have exercised the power of testamentary disposition passes to the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New Mexico Compilation Commission\", \"quote\": \"45-2-102. Share of the spouse. The intestate share of the surviving spouse is determined as follows: A. as to separate property: (1) if there is no surviving issue of the decedent, the entire intestate estate; or (2) if there is surviving issue of the decedent, one-fourth of the intestate estate; and B. as to community property, the one-half of the community property as to which the decedent could have exercised the power of testamentary disposition passes to the surviving spouse.\", \"slug\": \"s19-nm-spouse\", \"url\": \"https://nmonesource.com/nmos/nmsa/en/4393/1/document.do\"}]", "state": "New Mexico" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "NMSA1978 §45-2-103", "code": "NM", "complete": true, "conditions": "", "fact_slugs": "s19-nm-relatives", "next_check_on": "2027-10-23", "official_url": "https://nmonesource.com/nmos/nmsa/en/4393/1/document.do", "passage_id": "nm-relatives", "quote": "45-2-103. Share of heirs other than surviving spouse. A. Any part of the intestate estate not passing to a decedent's surviving spouse pursuant to Section 45-2-102 NMSA 1978, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: (1) to the decedent's descendants by representation; (2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent if only one survives; (3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (4) if there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, on both grandparents' sides: (a) half to the decedent's grandparents on one side equally if both survive, or to the survivor of them if only one survives, or to the descendants of the decedent's grandparents on this side or either of them if both are deceased, the descendants taking by representation; and (b) half to the decedent's grandparents on the other side equally if both survive, or to the survivor of them if only one survives, or to the descendants of the decedent's grandparents or either of them if both are deceased, the descendants taking by representation; and (5) if there is no surviving descendant parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on one side but not the other side, to the decedent's relatives on the side with one or more surviving members in the manner described in Paragraph (4) of this subsection. B. If there is no taker under Subsection A of this section, but the decedent has: (1) one deceased spouse who has one or more descendants who survive the decedent, the estate or part thereof passes to that spouse's descendants by representation; or (2) more than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part thereof passes to each set of descendants by representation. C. For purposes of Subsection B of this section, the term \"deceased spouse\" means an individual to whom the decedent was married at the individual's death, and does not include a spouse who was divorced from, or treated pursuant to Section 45-2-802 or Section 45-2-804 NMSA 1978 as divorced from, the decedent at the time of the decedent's death.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New Mexico Compilation Commission\", \"quote\": \"45-2-103. Share of heirs other than surviving spouse. A. Any part of the intestate estate not passing to a decedent's surviving spouse pursuant to Section 45-2-102 NMSA 1978, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: (1) to the decedent's descendants by representation; (2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent if only one survives; (3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (4) if there is no surviving descendant, parent or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, on both grandparents' sides: (a) half to the decedent's grandparents on one side equally if both survive, or to the survivor of them if only one survives, or to the descendants of the decedent's grandparents on this side or either of them if both are deceased, the descendants taking by representation; and (b) half to the decedent's grandparents on the other side equally if both survive, or to the survivor of them if only one survives, or to the descendants of the decedent's grandparents or either of them if both are deceased, the descendants taking by representation; and (5) if there is no surviving descendant parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on one side but not the other side, to the decedent's relatives on the side with one or more surviving members in the manner described in Paragraph (4) of this subsection. B. If there is no taker under Subsection A of this section, but the decedent has: (1) one deceased spouse who has one or more descendants who survive the decedent, the estate or part thereof passes to that spouse's descendants by representation; or (2) more than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part thereof passes to each set of descendants by representation. C. For purposes of Subsection B of this section, the term \\\"deceased spouse\\\" means an individual to whom the decedent was married at the individual's death, and does not include a spouse who was divorced from, or treated pursuant to Section 45-2-802 or Section 45-2-804 NMSA 1978 as divorced from, the decedent at the time of the decedent's death.\", \"slug\": \"s19-nm-relatives\", \"url\": \"https://nmonesource.com/nmos/nmsa/en/4393/1/document.do\"}]", "state": "New Mexico" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "NMSA 1978 §45-2-102(B)", "code": "NM", "complete": true, "conditions": "", "fact_slugs": "s19-nm-community", "next_check_on": "2027-10-23", "official_url": "https://nmonesource.com/nmos/nmsa/en/4393/1/document.do", "passage_id": "nm-community", "quote": "B. as to community property, the one-half of the community property as to which the decedent could have exercised the power of testamentary disposition passes to the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New Mexico Compilation Commission\", \"quote\": \"B. as to community property, the one-half of the community property as to which the decedent could have exercised the power of testamentary disposition passes to the surviving spouse.\", \"slug\": \"s19-nm-community\", \"url\": \"https://nmonesource.com/nmos/nmsa/en/4393/1/document.do\"}]", "state": "New Mexico" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "EPTL4-1.1 opening", "code": "NY", "complete": true, "conditions": "", "fact_slugs": "s19-ny-scope", "next_check_on": "2027-10-23", "official_url": "https://www.nysenate.gov/legislation/laws/EPT/4-1.1", "passage_id": "ny-scope", "quote": "The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New York State Senate\", \"quote\": \"The property of a decedent not disposed of by will shall be distributed as provided in this section. In computing said distribution, debts, administration expenses and reasonable funeral expenses shall be deducted but all estate taxes shall be disregarded, except that nothing contained herein relieves a distributee from contributing to all such taxes the amounts apportioned against him or her under 2-1.8.\", \"slug\": \"s19-ny-scope\", \"url\": \"https://www.nysenate.gov/legislation/laws/EPT/4-1.1\"}]", "state": "New York" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "EPTL4-1.1(a)(1) to(2)", "code": "NY", "complete": true, "conditions": "", "fact_slugs": "s19-ny-spouse", "next_check_on": "2027-01-23", "official_url": "https://www.nysenate.gov/legislation/laws/EPT/4-1.1", "passage_id": "ny-spouse", "quote": "(a) If a decedent is survived by: (1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation. (2) A spouse and no issue, the whole to the spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"New York State Senate\", \"quote\": \"(a) If a decedent is survived by: (1) A spouse and issue, fifty thousand dollars and one-half of the residue to the spouse, and the balance thereof to the issue by representation. (2) A spouse and no issue, the whole to the spouse.\", \"slug\": \"s19-ny-spouse\", \"url\": \"https://www.nysenate.gov/legislation/laws/EPT/4-1.1\"}]", "state": "New York" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "EPTL4-1.1(a)(3) to(e)", "code": "NY", "complete": true, "conditions": "", "fact_slugs": "s19-ny-relatives", "next_check_on": "2027-10-23", "official_url": "https://www.nysenate.gov/legislation/laws/EPT/4-1.1", "passage_id": "ny-relatives", "quote": "(3) Issue and no spouse, the whole to the issue, by representation. (4) One or both parents, and no spouse and no issue, the whole to the surviving parent or parents. (5) Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation. (6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them survives the decedent, to their issue, by representation, and the other one-half to the surviving grandparent or grandparents of the other parental side, or if neither of them survives the decedent, to their issue, by representation; provided that if the decedent was not survived by a grandparent or grandparents on one side or by the issue of such grandparents, the whole to the surviving grandparent or grandparents on the other side, or if neither of them survives the decedent, to their issue, by representation, in the same manner as the one-half. For the purposes of this subparagraph, issue of grandparents shall not include issue more remote than grandchildren of such grandparents. (7) Great-grandchildren of grandparents, and no spouse, issue, parent, issue of parents, grandparent, children of grandparents or grandchildren of grandparents, one-half to the great-grandchildren of the grandparents of one parental side, per capita, and the other one-half to the great-grandchildren of the grandparents of the other parental side, per capita; provided that if the decedent was not survived by great-grandchildren of grandparents on one side, the whole to the great-grandchildren of grandparents on the other side, in the same manner as the one-half. (b) For all purposes of this section, decedent's relatives of the half blood shall be treated as if they were relatives of the whole blood. (c) Distributees of the decedent, conceived before his or her death but born alive thereafter, take as if they were born in his or her lifetime. (d) The right of an adopted child to take a distributive share and the right of succession to the estate of an adopted child continue as provided in the domestic relations law. (e) A distributive share passing to a surviving spouse under this section is in lieu of any right of dower to which such spouse may be entitled.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"New York State Senate\", \"quote\": \"(3) Issue and no spouse, the whole to the issue, by representation. (4) One or both parents, and no spouse and no issue, the whole to the surviving parent or parents. (5) Issue of parents, and no spouse, issue or parent, the whole to the issue of the parents, by representation. (6) One or more grandparents or the issue of grandparents (as hereinafter defined), and no spouse, issue, parent or issue of parents, one-half to the surviving grandparent or grandparents of one parental side, or if neither of them survives the decedent, to their issue, by representation, and the other one-half to the surviving grandparent or grandparents of the other parental side, or if neither of them survives the decedent, to their issue, by representation; provided that if the decedent was not survived by a grandparent or grandparents on one side or by the issue of such grandparents, the whole to the surviving grandparent or grandparents on the other side, or if neither of them survives the decedent, to their issue, by representation, in the same manner as the one-half. For the purposes of this subparagraph, issue of grandparents shall not include issue more remote than grandchildren of such grandparents. (7) Great-grandchildren of grandparents, and no spouse, issue, parent, issue of parents, grandparent, children of grandparents or grandchildren of grandparents, one-half to the great-grandchildren of the grandparents of one parental side, per capita, and the other one-half to the great-grandchildren of the grandparents of the other parental side, per capita; provided that if the decedent was not survived by great-grandchildren of grandparents on one side, the whole to the great-grandchildren of grandparents on the other side, in the same manner as the one-half. (b) For all purposes of this section, decedent's relatives of the half blood shall be treated as if they were relatives of the whole blood. (c) Distributees of the decedent, conceived before his or her death but born alive thereafter, take as if they were born in his or her lifetime. (d) The right of an adopted child to take a distributive share and the right of succession to the estate of an adopted child continue as provided in the domestic relations law. (e) A distributive share passing to a surviving spouse under this section is in lieu of any right of dower to which such spouse may be entitled.\", \"slug\": \"s19-ny-relatives\", \"url\": \"https://www.nysenate.gov/legislation/laws/EPT/4-1.1\"}]", "state": "New York" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "N.C.G.S. §29-14", "code": "NC", "complete": true, "conditions": "", "fact_slugs": "s19-nc-spouse", "next_check_on": "2027-01-23", "official_url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_29/GS_29-14.html", "passage_id": "nc-spouse", "quote": "§ 29-14. Share of surviving spouse. (a) Real Property. - The share of the surviving spouse in the real property is: (1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, a one-half undivided interest in the real property; (2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children or by lineal descendants of two or more deceased children, a one-third undivided interest in the real property; (3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by one or more parents, a one-half undivided interest in the real property; (4) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, or by a parent, all the real property. (b) The share of the surviving spouse in the personal property is: (1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, and the net personal property does not exceed sixty thousand dollars ($60,000) in value, all of the personal property; if the net personal property exceeds sixty thousand dollars ($60,000) in value, the sum of sixty thousand dollars ($60,000) plus one half of the balance of the personal property; (2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, and the net personal property does not exceed sixty thousand dollars ($60,000) in value, all of the personal property; if the net personal property exceeds sixty thousand dollars ($60,000) in value, the sum of sixty thousand dollars ($60,000) plus one third of the balance of the personal property; (3) If the intestate is not survived by a child, children, or any lineal descendant of a deceased child or children, but is survived by one or more parents, and the net personal property does not exceed one hundred thousand dollars ($100,000) in value, all of the personal property; if the net personal property exceeds one hundred thousand dollars ($100,000) in value, the sum of one hundred thousand dollars ($100,000) plus one half of the balance of the personal property; (4) If the intestate is not survived by a child, children, or any lineal descendant of a deceased child or children, or by a parent, all of the personal property. (c) When an equitable distribution of property is awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, the share of the surviving spouse determined under subsections (a) and (b) of this section shall be first determined as though no property had been awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, and then reduced by the net value of the marital estate awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent. (1959, c. 879, s. 1; 1979, c. 186, s. 1; 1981, c. 69; 1995, c. 262, s. 3; 2001-364, s. 6; 2012-71, s. 1.)", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"North Carolina General Assembly\", \"quote\": \"§ 29-14. Share of surviving spouse. (a) Real Property. - The share of the surviving spouse in the real property is: (1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, a one-half undivided interest in the real property; (2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children or by lineal descendants of two or more deceased children, a one-third undivided interest in the real property; (3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by one or more parents, a one-half undivided interest in the real property; (4) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, or by a parent, all the real property. (b) The share of the surviving spouse in the personal property is: (1) If the intestate is survived by only one child or by any lineal descendant of only one deceased child, and the net personal property does not exceed sixty thousand dollars ($60,000) in value, all of the personal property; if the net personal property exceeds sixty thousand dollars ($60,000) in value, the sum of sixty thousand dollars ($60,000) plus one half of the balance of the personal property; (2) If the intestate is survived by two or more children, or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, and the net personal property does not exceed sixty thousand dollars ($60,000) in value, all of the personal property; if the net personal property exceeds sixty thousand dollars ($60,000) in value, the sum of sixty thousand dollars ($60,000) plus one third of the balance of the personal property; (3) If the intestate is not survived by a child, children, or any lineal descendant of a deceased child or children, but is survived by one or more parents, and the net personal property does not exceed one hundred thousand dollars ($100,000) in value, all of the personal property; if the net personal property exceeds one hundred thousand dollars ($100,000) in value, the sum of one hundred thousand dollars ($100,000) plus one half of the balance of the personal property; (4) If the intestate is not survived by a child, children, or any lineal descendant of a deceased child or children, or by a parent, all of the personal property. (c) When an equitable distribution of property is awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, the share of the surviving spouse determined under subsections (a) and (b) of this section shall be first determined as though no property had been awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent, and then reduced by the net value of the marital estate awarded to the surviving spouse pursuant to G.S. 50-20 subsequent to the death of the decedent. (1959, c. 879, s. 1; 1979, c. 186, s. 1; 1981, c. 69; 1995, c. 262, s. 3; 2001-364, s. 6; 2012-71, s. 1.)\", \"slug\": \"s19-nc-spouse\", \"url\": \"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_29/GS_29-14.html\"}]", "state": "North Carolina" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "N.C.G.S. §29-15", "code": "NC", "complete": true, "conditions": "", "fact_slugs": "s19-nc-relatives", "next_check_on": "2027-10-23", "official_url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_29/GS_29-15.html", "passage_id": "nc-relatives", "quote": "§ 29-15. Shares of others than surviving spouse. Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, as follows: (1) If the intestate is survived by only one child or by only one lineal descendant of only one deceased child, that person shall take the entire net estate or share, but if the intestate is survived by two or more lineal descendants of only one deceased child, they shall take as provided in G.S. 29-16; or (2) If the intestate is survived by two or more children or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, they shall take as provided in G.S. 29-16; or (3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by both parents, they shall take in equal shares, or if either parent is dead, the surviving parent shall take the entire share; or (4) If the intestate is not survived by such children or lineal descendants or by a parent, the brothers and sisters of the intestate, and the lineal descendants of any deceased brothers or sisters, shall take as provided in G.S. 29-16; or (5) If there is no one entitled to take under the preceding subdivisions of this section or under G.S. 29-14, a. The paternal grandparents shall take one half of the net estate in equal shares, or, if either is dead, the survivor shall take the entire one half of the net estate, and if neither paternal grandparent survives, then the paternal uncles and aunts of the intestate and the lineal descendants of deceased paternal uncles and aunts shall take said one half as provided in G.S. 29-16; and b. The maternal grandparents shall take the other one half in equal shares, or if either is dead, the survivor shall take the entire one half of the net estate, and if neither maternal grandparent survives, then the maternal uncles and aunts of the intestate and the lineal descendants of deceased maternal uncles and aunts shall take one half as provided in G.S. 29-16; but c. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the paternal side, then those of the maternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision shall take the whole; or d. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the maternal side, then those on the paternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision shall take the whole. (1959, c. 879, s. 1.)", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"North Carolina General Assembly\", \"quote\": \"§ 29-15. Shares of others than surviving spouse. Those persons surviving the intestate, other than the surviving spouse, shall take that share of the net estate not distributable to the surviving spouse, or the entire net estate if there is no surviving spouse, as follows: (1) If the intestate is survived by only one child or by only one lineal descendant of only one deceased child, that person shall take the entire net estate or share, but if the intestate is survived by two or more lineal descendants of only one deceased child, they shall take as provided in G.S. 29-16; or (2) If the intestate is survived by two or more children or by one child and any lineal descendant of one or more deceased children, or by lineal descendants of two or more deceased children, they shall take as provided in G.S. 29-16; or (3) If the intestate is not survived by a child, children or any lineal descendant of a deceased child or children, but is survived by both parents, they shall take in equal shares, or if either parent is dead, the surviving parent shall take the entire share; or (4) If the intestate is not survived by such children or lineal descendants or by a parent, the brothers and sisters of the intestate, and the lineal descendants of any deceased brothers or sisters, shall take as provided in G.S. 29-16; or (5) If there is no one entitled to take under the preceding subdivisions of this section or under G.S. 29-14, a. The paternal grandparents shall take one half of the net estate in equal shares, or, if either is dead, the survivor shall take the entire one half of the net estate, and if neither paternal grandparent survives, then the paternal uncles and aunts of the intestate and the lineal descendants of deceased paternal uncles and aunts shall take said one half as provided in G.S. 29-16; and b. The maternal grandparents shall take the other one half in equal shares, or if either is dead, the survivor shall take the entire one half of the net estate, and if neither maternal grandparent survives, then the maternal uncles and aunts of the intestate and the lineal descendants of deceased maternal uncles and aunts shall take one half as provided in G.S. 29-16; but c. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the paternal side, then those of the maternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision shall take the whole; or d. If there is no grandparent and no uncle or aunt, or lineal descendant of a deceased uncle or aunt, on the maternal side, then those on the paternal side who otherwise would be entitled to take one half as hereinbefore provided in this subdivision shall take the whole. (1959, c. 879, s. 1.)\", \"slug\": \"s19-nc-relatives\", \"url\": \"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_29/GS_29-15.html\"}]", "state": "North Carolina" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "N.C.G.S. §29-8", "code": "NC", "complete": true, "conditions": "", "fact_slugs": "s19-nc-scope", "next_check_on": "2027-10-23", "official_url": "https://www.ncleg.gov/EnactedLegislation/Statutes/html/bychapter/chapter_29.html", "passage_id": "nc-scope", "quote": "§ 29-8. Partial intestacy. If part but not all of the estate of a decedent is validly disposed of by the decedent's will, the part not disposed of by such will shall descend and be distributed as intestate property. (1959, c. 879, s. 1; 2011-344, s. 5.)", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"North Carolina General Assembly\", \"quote\": \"§ 29-8. Partial intestacy. If part but not all of the estate of a decedent is validly disposed of by the decedent's will, the part not disposed of by such will shall descend and be distributed as intestate property. (1959, c. 879, s. 1; 2011-344, s. 5.)\", \"slug\": \"s19-nc-scope\", \"url\": \"https://www.ncleg.gov/EnactedLegislation/Statutes/html/bychapter/chapter_29.html\"}]", "state": "North Carolina" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "N.D.C.C. § 30.1-04-01", "code": "ND", "complete": true, "conditions": "", "fact_slugs": "s19-nd-scope", "next_check_on": "2027-10-23", "official_url": "https://ndlegis.gov/cencode/t30-1c04.pdf", "passage_id": "nd-scope", "quote": "1. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this title, except as modified by the decedent's will. 2. A decedent, by will, may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"North Dakota Legislative Branch\", \"quote\": \"1. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this title, except as modified by the decedent's will. 2. A decedent, by will, may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.\", \"slug\": \"s19-nd-scope\", \"url\": \"https://ndlegis.gov/cencode/t30-1c04.pdf\"}]", "state": "North Dakota" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "N.D.C.C. § 30.1-04-02", "code": "ND", "complete": true, "conditions": "", "fact_slugs": "s19-nd-spouse", "next_check_on": "2027-01-23", "official_url": "https://ndlegis.gov/cencode/t30-1c04.pdf", "passage_id": "nd-spouse", "quote": "The intestate share of a decedent's surviving spouse is: 1. The entire intestate estate if: a. No descendant or parent of the decedent survives the decedent; or b. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. 2. The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. 3. The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent. 4. The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"North Dakota Legislative Branch\", \"quote\": \"The intestate share of a decedent's surviving spouse is: 1. The entire intestate estate if: a. No descendant or parent of the decedent survives the decedent; or b. All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent. 2. The first three hundred thousand dollars, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent. 3. The first two hundred twenty-five thousand dollars, plus one-half of any balance of the intestate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent. 4. The first one hundred fifty thousand dollars, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.\", \"slug\": \"s19-nd-spouse\", \"url\": \"https://ndlegis.gov/cencode/t30-1c04.pdf\"}]", "state": "North Dakota" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "N.D.C.C. § 30.1-04-03 introductory text and subdivisions 1–3", "code": "ND", "complete": true, "conditions": "", "fact_slugs": "s19-nd-relatives", "next_check_on": "2027-10-23", "official_url": "https://ndlegis.gov/cencode/t30-1c04.pdf", "passage_id": "nd-relatives", "quote": "Any part of the intestate estate not passing to a decedent's surviving spouse under section 30.1-04-02, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: 1. To the decedent's descendants by representation. 2. If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent. 3. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"North Dakota Legislative Branch\", \"quote\": \"Any part of the intestate estate not passing to a decedent's surviving spouse under section 30.1-04-02, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: 1. To the decedent's descendants by representation. 2. If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent. 3. If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation.\", \"slug\": \"s19-nd-relatives\", \"url\": \"https://ndlegis.gov/cencode/t30-1c04.pdf\"}]", "state": "North Dakota" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "N.D.C.C. § 30.1-04-04", "code": "ND", "complete": true, "conditions": "", "fact_slugs": "s19-nd-survival", "next_check_on": "2027-10-23", "official_url": "https://ndlegis.gov/cencode/t30-1c04.pdf", "passage_id": "nd-survival", "quote": "1. For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in subsection 2: a. An individual who was born before a decedent's death but who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual who was born before the decedent's death survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period. b. An individual who was in gestation at a decedent's death is deemed to be living at the decedent's death if the individual lives one hundred twenty hours after birth. If it is not established by clear and convincing evidence that an individual who was in gestation at the decedent's death lived one hundred twenty hours after birth, it is deemed that the individual failed to survive for the required period. 2. This section does not apply if it would result in a taking of the intestate estate by the state under section", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"North Dakota Legislative Branch\", \"quote\": \"1. For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in subsection 2: a. An individual who was born before a decedent's death but who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual who was born before the decedent's death survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period. b. An individual who was in gestation at a decedent's death is deemed to be living at the decedent's death if the individual lives one hundred twenty hours after birth. If it is not established by clear and convincing evidence that an individual who was in gestation at the decedent's death lived one hundred twenty hours after birth, it is deemed that the individual failed to survive for the required period. 2. This section does not apply if it would result in a taking of the intestate estate by the state under section\", \"slug\": \"s19-nd-survival\", \"url\": \"https://ndlegis.gov/cencode/t30-1c04.pdf\"}]", "state": "North Dakota" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Ohio Rev. Code § 2105.06", "code": "OH", "complete": true, "conditions": "", "fact_slugs": "s19-oh-succession", "next_check_on": "2027-01-23", "official_url": "https://codes.ohio.gov/ohio-revised-code/section-2105.06", "passage_id": "oh-succession", "quote": "When a person dies intestate having title or right to any personal property, or to any real property or inheritance, in this state, the personal property shall be distributed, and the real property or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course: (A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes; (B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse; (C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes; (D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes; (E) If there are no children or their lineal descendants, then the whole to the surviving spouse; (F) Except as provided in section 2105.062 of the Revised Code, if there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent; (G) Except as provided in section 2105.062 of the Revised Code, if there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes; (H) Except as provided in section 2105.062 of the Revised Code, if there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them; (I) Except as provided in section 2105.062 of the Revised Code, if there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among the next of kin; (J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes; (K) If there are no stepchildren or their lineal descendants, escheat to the state.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Ohio Legislature\", \"quote\": \"When a person dies intestate having title or right to any personal property, or to any real property or inheritance, in this state, the personal property shall be distributed, and the real property or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course: (A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes; (B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse; (C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes; (D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes; (E) If there are no children or their lineal descendants, then the whole to the surviving spouse; (F) Except as provided in section 2105.062 of the Revised Code, if there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent; (G) Except as provided in section 2105.062 of the Revised Code, if there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes; (H) Except as provided in section 2105.062 of the Revised Code, if there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them; (I) Except as provided in section 2105.062 of the Revised Code, if there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among the next of kin; (J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes; (K) If there are no stepchildren or their lineal descendants, escheat to the state.\", \"slug\": \"s19-oh-succession\", \"url\": \"https://codes.ohio.gov/ohio-revised-code/section-2105.06\"}]", "state": "Ohio" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Ohio Rev. Code § 2105.06(A), (F)–(K)", "code": "OH", "complete": true, "conditions": "", "fact_slugs": "s19-oh-succession", "next_check_on": "2027-01-23", "official_url": "https://codes.ohio.gov/ohio-revised-code/section-2105.06", "passage_id": "oh-relatives", "quote": "When a person dies intestate having title or right to any personal property, or to any real property or inheritance, in this state, the personal property shall be distributed, and the real property or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course: (A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes; (B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse; (C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes; (D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes; (E) If there are no children or their lineal descendants, then the whole to the surviving spouse; (F) Except as provided in section 2105.062 of the Revised Code, if there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent; (G) Except as provided in section 2105.062 of the Revised Code, if there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes; (H) Except as provided in section 2105.062 of the Revised Code, if there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them; (I) Except as provided in section 2105.062 of the Revised Code, if there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among the next of kin; (J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes; (K) If there are no stepchildren or their lineal descendants, escheat to the state.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Ohio Legislature\", \"quote\": \"When a person dies intestate having title or right to any personal property, or to any real property or inheritance, in this state, the personal property shall be distributed, and the real property or inheritance shall descend and pass in parcenary, except as otherwise provided by law, in the following course: (A) If there is no surviving spouse, to the children of the intestate or their lineal descendants, per stirpes; (B) If there is a spouse and one or more children of the decedent or their lineal descendants surviving, and all of the decedent's children who survive or have lineal descendants surviving also are children of the surviving spouse, then the whole to the surviving spouse; (C) If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is not the natural or adoptive parent of the decedent's child, the first twenty thousand dollars plus one-half of the balance of the intestate estate to the spouse and the remainder to the child or the child's lineal descendants, per stirpes; (D) If there is a spouse and more than one child or their lineal descendants surviving, the first sixty thousand dollars if the spouse is the natural or adoptive parent of one, but not all, of the children, or the first twenty thousand dollars if the spouse is the natural or adoptive parent of none of the children, plus one-third of the balance of the intestate estate to the spouse and the remainder to the children equally, or to the lineal descendants of any deceased child, per stirpes; (E) If there are no children or their lineal descendants, then the whole to the surviving spouse; (F) Except as provided in section 2105.062 of the Revised Code, if there is no spouse and no children or their lineal descendants, to the parents of the intestate equally, or to the surviving parent; (G) Except as provided in section 2105.062 of the Revised Code, if there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes; (H) Except as provided in section 2105.062 of the Revised Code, if there are no brothers or sisters or their lineal descendants, one-half to the paternal grandparents of the intestate equally, or to the survivor of them, and one-half to the maternal grandparents of the intestate equally, or to the survivor of them; (I) Except as provided in section 2105.062 of the Revised Code, if there is no paternal grandparent or no maternal grandparent, one-half to the lineal descendants of the deceased grandparents, per stirpes; if there are no such lineal descendants, then to the surviving grandparents or their lineal descendants, per stirpes; if there are no surviving grandparents or their lineal descendants, then to the next of kin of the intestate, provided there shall be no representation among the next of kin; (J) If there are no next of kin, to stepchildren or their lineal descendants, per stirpes; (K) If there are no stepchildren or their lineal descendants, escheat to the state.\", \"slug\": \"s19-oh-succession\", \"url\": \"https://codes.ohio.gov/ohio-revised-code/section-2105.06\"}]", "state": "Ohio" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Ohio Rev. Code § 2105.062", "code": "OH", "complete": true, "conditions": "", "fact_slugs": "s19-oh-rape-exception", "next_check_on": "2027-10-23", "official_url": "https://codes.ohio.gov/ohio-revised-code/section-2105.062", "passage_id": "oh-rape-exception", "quote": "As used in this section, \"relative\" includes a parent, grandparent, great-grandparent, stepparent, child, grandchild, aunt, uncle, cousin, sibling, and half sibling. The parent, or a relative of the parent, of a child who was conceived as the result of the parent's violation of section 2907.02 of the Revised Code, or violation of section 2907.03 of the Revised Code if the sexual activity involved is sexual conduct, shall not inherit the real property, personal property, or inheritance of the child or the child's lineal descendants as provided under section 2105.06 of the Revised Code.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Ohio Legislature\", \"quote\": \"As used in this section, \\\"relative\\\" includes a parent, grandparent, great-grandparent, stepparent, child, grandchild, aunt, uncle, cousin, sibling, and half sibling. The parent, or a relative of the parent, of a child who was conceived as the result of the parent's violation of section 2907.02 of the Revised Code, or violation of section 2907.03 of the Revised Code if the sexual activity involved is sexual conduct, shall not inherit the real property, personal property, or inheritance of the child or the child's lineal descendants as provided under section 2105.06 of the Revised Code.\", \"slug\": \"s19-oh-rape-exception\", \"url\": \"https://codes.ohio.gov/ohio-revised-code/section-2105.062\"}]", "state": "Ohio" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Okla. Stat. tit. 84, § 213(B)(1)", "code": "OK", "complete": true, "conditions": "", "fact_slugs": "s19-ok-spouse", "next_check_on": "2027-10-23", "official_url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os84.pdf", "passage_id": "ok-spouse", "quote": "B. Beginning July 1, 1985, if any person having title to any estate not otherwise limited by any antenuptial marriage contract dies without disposing of the estate by will, such estate descends and shall be distributed in the following manner: 1. If the decedent leaves a surviving spouse, the share of the estate passing to said spouse is: a. if there is no surviving issue, parent, brother or sister, the entire estate, or b. if there is no surviving issue but the decedent is survived by a parent or parents, brother or sister: (1) all the property acquired by the joint industry of the husband and wife during coverture, and (2) an undivided one-third (1/3) interest in the remaining estate, or c. if there are surviving issue, all of whom are also issue of the surviving spouse: an undivided one-half (1/2) interest in all the property of the estate whether acquired by the joint industry of the husband and wife during coverture or otherwise, or d. if there are surviving issue, one or more of whom are not also issue of the surviving spouse: (1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture, and (2) an undivided equal part in the property of the decedent not acquired by the joint industry of the husband and wife during coverture with each of the living children of the decedent and the lawful issue of any deceased child by right of representation;", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Oklahoma Legislature\", \"quote\": \"B. Beginning July 1, 1985, if any person having title to any estate not otherwise limited by any antenuptial marriage contract dies without disposing of the estate by will, such estate descends and shall be distributed in the following manner: 1. If the decedent leaves a surviving spouse, the share of the estate passing to said spouse is: a. if there is no surviving issue, parent, brother or sister, the entire estate, or b. if there is no surviving issue but the decedent is survived by a parent or parents, brother or sister: (1) all the property acquired by the joint industry of the husband and wife during coverture, and (2) an undivided one-third (1/3) interest in the remaining estate, or c. if there are surviving issue, all of whom are also issue of the surviving spouse: an undivided one-half (1/2) interest in all the property of the estate whether acquired by the joint industry of the husband and wife during coverture or otherwise, or d. if there are surviving issue, one or more of whom are not also issue of the surviving spouse: (1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture, and (2) an undivided equal part in the property of the decedent not acquired by the joint industry of the husband and wife during coverture with each of the living children of the decedent and the lawful issue of any deceased child by right of representation;\", \"slug\": \"s19-ok-spouse\", \"url\": \"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os84.pdf\"}]", "state": "Oklahoma" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Okla. Stat. tit. 84, § 213(B)(2)–(4)", "code": "OK", "complete": true, "conditions": "", "fact_slugs": "s19-ok-relatives", "next_check_on": "2027-10-23", "official_url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os84.pdf", "passage_id": "ok-relatives", "quote": "2. The share of the estate not passing to the surviving spouse or if there is no surviving spouse, the estate is to be distributed as follows: a. in undivided equal shares to the surviving children of the decedent and issue of any deceased child of the decedent by right of representation, or b. if there is no surviving issue, to the surviving parent or parents of the decedent in undivided equal shares, or c. if there is no surviving issue nor parent, in undivided equal shares to the issue of parents by right of representation, or d. if there is no surviving issue, parent, nor issue of parents, but the decedent is survived by one or more grandparents or issue of any grandparent, half of the estate passes equally to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of any paternal grandparent if both paternal grandparents are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation and the other half passes to the maternal relatives in the same manner; but if the decedent is survived by one or more grandparents or issue of grandparents on only one side of the family, paternal or maternal, the entire estate shall pass to such survivors in the manner set forth in this subsection, or e. if there is no surviving issue, parent, issue of parents, grandparent, nor issue of a grandparent, the estate passes to the next of kin in equal degree; 3. If the decedent leaves no spouse, issue, parent, issue of parents, grandparent, issue of a grandparent, nor kindred, then the estate shall escheat to the state for the support of the common schools; and 4. For the purpose of this section, the phrase \"by right of representation\" means the estate is to be divided into as many equal shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one equal share and the equal share of each deceased person in the same degree being divided among his issue in the same manner. The word \"issue\" means lineal descendants.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Oklahoma Legislature\", \"quote\": \"2. The share of the estate not passing to the surviving spouse or if there is no surviving spouse, the estate is to be distributed as follows: a. in undivided equal shares to the surviving children of the decedent and issue of any deceased child of the decedent by right of representation, or b. if there is no surviving issue, to the surviving parent or parents of the decedent in undivided equal shares, or c. if there is no surviving issue nor parent, in undivided equal shares to the issue of parents by right of representation, or d. if there is no surviving issue, parent, nor issue of parents, but the decedent is survived by one or more grandparents or issue of any grandparent, half of the estate passes equally to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of any paternal grandparent if both paternal grandparents are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation and the other half passes to the maternal relatives in the same manner; but if the decedent is survived by one or more grandparents or issue of grandparents on only one side of the family, paternal or maternal, the entire estate shall pass to such survivors in the manner set forth in this subsection, or e. if there is no surviving issue, parent, issue of parents, grandparent, nor issue of a grandparent, the estate passes to the next of kin in equal degree; 3. If the decedent leaves no spouse, issue, parent, issue of parents, grandparent, issue of a grandparent, nor kindred, then the estate shall escheat to the state for the support of the common schools; and 4. For the purpose of this section, the phrase \\\"by right of representation\\\" means the estate is to be divided into as many equal shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one equal share and the equal share of each deceased person in the same degree being divided among his issue in the same manner. The word \\\"issue\\\" means lineal descendants.\", \"slug\": \"s19-ok-relatives\", \"url\": \"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os84.pdf\"}]", "state": "Oklahoma" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "Or. Rev. Stat. § 112.015", "code": "OR", "complete": true, "conditions": "", "fact_slugs": "s19-or-scope", "next_check_on": "2027-10-23", "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1", "passage_id": "or-scope", "quote": "(1) Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS 112.025 to 112.055. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed that individual’s or member’s intestate share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Oregon Legislative Assembly\", \"quote\": \"(1) Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS 112.025 to 112.055. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent’s intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed that individual’s or member’s intestate share.\", \"slug\": \"s19-or-scope\", \"url\": \"https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1\"}]", "state": "Oregon" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Or. Rev. Stat. § 112.025", "code": "OR", "complete": true, "conditions": "", "fact_slugs": "s19-or-spouse-descendants", "next_check_on": "2027-10-23", "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1", "passage_id": "or-spouse-descendants", "quote": "If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is: (1) If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate. (2) If there are one or more surviving descendants of the decedent one or more of whom are not descendants of the surviving spouse, one-half of the net intestate estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Oregon Legislative Assembly\", \"quote\": \"If the decedent leaves a surviving spouse and one or more descendants, the intestate share of the surviving spouse is: (1) If there are one or more surviving descendants of the decedent all of whom are descendants of the surviving spouse also, the entire net intestate estate. (2) If there are one or more surviving descendants of the decedent one or more of whom are not descendants of the surviving spouse, one-half of the net intestate estate.\", \"slug\": \"s19-or-spouse-descendants\", \"url\": \"https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1\"}]", "state": "Oregon" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Or. Rev. Stat. § 112.035", "code": "OR", "complete": true, "conditions": "", "fact_slugs": "s19-or-spouse-no-descendants", "next_check_on": "2027-10-23", "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1", "passage_id": "or-spouse-no-descendants", "quote": "If the decedent leaves a surviving spouse and no descendant, the intestate share of the surviving spouse is the entire net intestate estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Oregon Legislative Assembly\", \"quote\": \"If the decedent leaves a surviving spouse and no descendant, the intestate share of the surviving spouse is the entire net intestate estate.\", \"slug\": \"s19-or-spouse-no-descendants\", \"url\": \"https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1\"}]", "state": "Oregon" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "Or. Rev. Stat. § 112.715", "code": "OR", "complete": true, "conditions": "", "fact_slugs": "s19-or-community-scope", "next_check_on": "2027-10-23", "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1", "passage_id": "or-community-scope", "quote": "ORS 112.705 to 112.775 apply to the disposition at death of the following property acquired by a married person: (1) All personal property, wherever situated: (a) Which was acquired as or became, and remained, community property under the laws of another jurisdiction; or (b) All or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or (c) Traceable to that community property. (2) All or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Oregon Legislative Assembly\", \"quote\": \"ORS 112.705 to 112.775 apply to the disposition at death of the following property acquired by a married person: (1) All personal property, wherever situated: (a) Which was acquired as or became, and remained, community property under the laws of another jurisdiction; or (b) All or the proportionate part of that property acquired with the rents, issues, or income of, or the proceeds from, or in exchange for, that community property; or (c) Traceable to that community property. (2) All or the proportionate part of any real property situated in this state which was acquired with the rents, issues or income of, the proceeds from, or in exchange for, property acquired as or which became, and remained, community property under the laws of another jurisdiction, or property traceable to that community property.\", \"slug\": \"s19-or-community-scope\", \"url\": \"https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1\"}]", "state": "Oregon" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "Or. Rev. Stat. § 112.735", "code": "OR", "complete": true, "conditions": "", "fact_slugs": "s19-or-community-shares", "next_check_on": "2027-10-23", "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1", "passage_id": "or-community-shares", "quote": "Upon death of a married person, one-half of the property to which ORS 112.705 to 112.775 apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. With respect to property to which ORS 112.705 to 112.775 apply, the one-half of the property which is the property of the decedent is not subject to the surviving spouse’s right to elect against the will.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Oregon Legislative Assembly\", \"quote\": \"Upon death of a married person, one-half of the property to which ORS 112.705 to 112.775 apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half of that property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of this state. With respect to property to which ORS 112.705 to 112.775 apply, the one-half of the property which is the property of the decedent is not subject to the surviving spouse’s right to elect against the will.\", \"slug\": \"s19-or-community-shares\", \"url\": \"https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1\"}]", "state": "Oregon" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Or. Rev. Stat. § 112.045", "code": "OR", "complete": true, "conditions": "", "fact_slugs": "s19-or-relatives", "next_check_on": "2027-10-23", "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1", "passage_id": "or-relatives", "quote": "The part of the net intestate estate not passing to the surviving spouse shall pass: (1) To the descendants of the decedent by representation as described in ORS 112.065. (2) If there is no surviving descendant, to the surviving parents of the decedent. (3) If there is no surviving descendant or parent, equally to the brothers and sisters of the decedent and by representation as described in ORS 112.065 to the descendants of any deceased brother or sister of the decedent. If there is no surviving brother or sister, the descendants of brothers and sisters take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065. (4)(a) If there is no surviving descendant, parent or descendant of a parent, equally to the grandparents of the decedent and by representation as described in ORS 112.065 to the descendants of any deceased grandparent of the decedent who left descendants surviving at the time of the decedent’s death. If one or more grandparents of the decedent do not survive the decedent, the descendants of each of the deceased grandparents take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065. (b) If there is no surviving grandparent, the descendants of grandparents take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065. (5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Oregon Legislative Assembly\", \"quote\": \"The part of the net intestate estate not passing to the surviving spouse shall pass: (1) To the descendants of the decedent by representation as described in ORS 112.065. (2) If there is no surviving descendant, to the surviving parents of the decedent. (3) If there is no surviving descendant or parent, equally to the brothers and sisters of the decedent and by representation as described in ORS 112.065 to the descendants of any deceased brother or sister of the decedent. If there is no surviving brother or sister, the descendants of brothers and sisters take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065. (4)(a) If there is no surviving descendant, parent or descendant of a parent, equally to the grandparents of the decedent and by representation as described in ORS 112.065 to the descendants of any deceased grandparent of the decedent who left descendants surviving at the time of the decedent’s death. If one or more grandparents of the decedent do not survive the decedent, the descendants of each of the deceased grandparents take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065. (b) If there is no surviving grandparent, the descendants of grandparents take equally if they are all of the same generation in relation to the decedent, but if of different generations, then those of later generations take by representation as described in ORS 112.065. (5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship.\", \"slug\": \"s19-or-relatives\", \"url\": \"https://www.oregonlegislature.gov/bills_laws/ors/ors112.html?irgwc=1\"}]", "state": "Oregon" }, { "category": "Other conditions to read", "checked_on": "2026-10-24", "citation": "Or. Rev. Stat. § 112.047", "code": "OR", "complete": true, "conditions": "", "fact_slugs": "s19-or-parent-forfeiture", "next_check_on": "2027-01-24", "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors112.html", "passage_id": "or-parent-forfeiture", "quote": "112.047 Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect. (1) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if: (a) The parental rights of the parent with respect to the decedent were terminated and the parent-child relationship between the parent and the decedent was not judicially reestablished. (b) The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was an adult when the decedent died and: (A) The parent of the decedent willfully deserted the decedent for the one-year period immediately preceding the date on which the decedent became an adult; or (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the one-year period immediately preceding the date on which the decedent became an adult. (c) The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was an adult when the decedent died and: (A) The parent of the decedent willfully deserted the decedent for the three-year period immediately preceding the date on which the decedent became an adult; or (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the three-year period immediately preceding the date on which the decedent became an adult. (d) The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was a minor when the decedent died and: (A) The parent of the decedent willfully deserted the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died; or (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died. (e) The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was a minor when the decedent died and: (A) The parent of the decedent willfully deserted the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died; or (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died. (2) For the purposes of subsection (1) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent. (3) For the purposes of subsection (1) of this section, in determining whether the parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the decedent and the parent whose intestate share would be forfeited under this section. (4) The intestate share of a parent of a decedent may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 112.049. A petition filed under ORS 113.035 may not request the forfeiture of the intestate share of a parent of a decedent under this section.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Oregon State Legislature\", \"quote\": \"112.047 Forfeiture of parent’s share by reason of termination of parental rights or desertion or neglect. (1) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if: (a) The parental rights of the parent with respect to the decedent were terminated and the parent-child relationship between the parent and the decedent was not judicially reestablished. (b) The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was an adult when the decedent died and: (A) The parent of the decedent willfully deserted the decedent for the one-year period immediately preceding the date on which the decedent became an adult; or (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the one-year period immediately preceding the date on which the decedent became an adult. (c) The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was an adult when the decedent died and: (A) The parent of the decedent willfully deserted the decedent for the three-year period immediately preceding the date on which the decedent became an adult; or (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the three-year period immediately preceding the date on which the decedent became an adult. (d) The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was a minor when the decedent died and: (A) The parent of the decedent willfully deserted the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died; or (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the one-year period immediately preceding the date on which the decedent died. (e) The person who would be benefited by the forfeiture is not a child or sibling of the decedent, the decedent was a minor when the decedent died and: (A) The parent of the decedent willfully deserted the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died; or (B) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the three-year period immediately preceding the date on which the decedent died. (2) For the purposes of subsection (1) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent. (3) For the purposes of subsection (1) of this section, in determining whether the parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the decedent and the parent whose intestate share would be forfeited under this section. (4) The intestate share of a parent of a decedent may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 112.049. A petition filed under ORS 113.035 may not request the forfeiture of the intestate share of a parent of a decedent under this section.\", \"slug\": \"s19-or-parent-forfeiture\", \"url\": \"https://www.oregonlegislature.gov/bills_laws/ors/ors112.html\"}]", "state": "Oregon" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "20 Pa.C.S. § 2101", "code": "PA", "complete": true, "conditions": "", "fact_slugs": "s19-pa-scope", "next_check_on": "2027-10-23", "official_url": "https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..HTM", "passage_id": "pa-scope", "quote": "(a) General rule.--All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will. (b) Modification by decedent's will.--A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which the individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Pennsylvania General Assembly\", \"quote\": \"(a) General rule.--All or any part of the estate of a decedent not effectively disposed of by will or otherwise passes to his heirs as prescribed in this chapter, except as modified by the decedent's will. (b) Modification by decedent's will.--A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which the individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.\", \"slug\": \"s19-pa-scope\", \"url\": \"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..HTM\"}]", "state": "Pennsylvania" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "20 Pa.C.S. § 2102", "code": "PA", "complete": true, "conditions": "", "fact_slugs": "s19-pa-spouse", "next_check_on": "2027-01-23", "official_url": "https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..HTM", "passage_id": "pa-spouse", "quote": "The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. (2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). (3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate. (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate. (5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Pennsylvania General Assembly\", \"quote\": \"The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. (2) If there is no surviving issue of the decedent but he is survived by a parent or parents, the first $30,000 plus one-half of the balance of the intestate estate. Notwithstanding the foregoing, in the case of a decedent who died as a result of the terrorist attacks of September 11, 2001, a surviving spouse shall be entitled to 100% of any compensation award paid pursuant to the Air Transportation Safety and System Stabilization Act (Public Law 107-42, 115 Stat. 230). (3) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the first $30,000 plus one-half of the balance of the intestate estate. (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate. (5) In case of partial intestacy any property received by the surviving spouse under the will shall satisfy pro tanto the $30,000 allowance under paragraphs (2) and (3).\", \"slug\": \"s19-pa-spouse\", \"url\": \"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..HTM\"}]", "state": "Pennsylvania" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "20 Pa.C.S. § 2103", "code": "PA", "complete": true, "conditions": "", "fact_slugs": "s19-pa-relatives", "next_check_on": "2027-10-23", "official_url": "https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..HTM", "passage_id": "pa-relatives", "quote": "(a) Order of succession.--The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (1) Issue.--To the issue of the decedent. (2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent. (3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents. (4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side. (5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to rules of succession). (6) Endowed community fund.--In default of all persons hereinbefore described, then to an endowed community fund in the following order: (i) An endowed community fund that is located in the decedent's municipality. (ii) An endowed community fund that is located in the decedent's school district. (iii) An endowed community fund that is located in the decedent's county. (iv) If no endowed community fund exists in the municipality, county or school district, then to the Commonwealth. (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: \"Community foundation.\" An organization that meets all of the following requirements: (1) Has been in existence for at least 10 years. (2) Supports a broad range of charitable activities. (3) Qualifies for exemption from Federal income taxation under 26 U.S.C. § 501(c)(3) (relating to exemption from tax on corporations, certain trusts, etc.). (4) Maintains an ongoing program to attract new endowment money by seeking gifts and bequests from a wide range of potential donors. (5) Is publicly supported, as described in 26 CFR 1.170A-9(f) (relating to definition of section 170(b)(1)(A) organization). (6) Meets the requirements for treatment as a single entity under 26 CFR 1.170A-9(f)(11). (7) Has an independent governing body that represents the interests of the general public and is not appointed by a single outside entity. (8) Is subject to an annual independent financial audit. \"Endowed community fund.\" A fund held by a community foundation that provides grants and benefits to charitable causes and is intended to exist in perpetuity.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Pennsylvania General Assembly\", \"quote\": \"(a) Order of succession.--The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (1) Issue.--To the issue of the decedent. (2) Parents.--If no issue survives the decedent, then to the parents or parent of the decedent. (3) Brothers, sisters, or their issue.--If no parent survives the decedent, then to the issue of each of the decedent's parents. (4) Grandparents.--If no issue of either of the decedent's parents but at least one grandparent survives the decedent, then half to the paternal grandparents or grandparent, or if both are dead, to the children of each of them and the children of the deceased children of each of them, and half to the maternal grandparents or grandparent, or if both are dead to the children of each of them and the children of the deceased children of each of them. If both of the paternal grandparents or both of the maternal grandparents are dead leaving no child or grandchild to survive the decedent, the half which would have passed to them or to their children and grandchildren shall be added to the half passing to the grandparents or grandparent or to their children and grandchildren on the other side. (5) Uncles, aunts and their children, and grandchildren.--If no grandparent survives the decedent, then to the uncles and aunts and the children and grandchildren of deceased uncles and aunts of the decedent as provided in section 2104(1) (relating to rules of succession). (6) Endowed community fund.--In default of all persons hereinbefore described, then to an endowed community fund in the following order: (i) An endowed community fund that is located in the decedent's municipality. (ii) An endowed community fund that is located in the decedent's school district. (iii) An endowed community fund that is located in the decedent's county. (iv) If no endowed community fund exists in the municipality, county or school district, then to the Commonwealth. (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: \\\"Community foundation.\\\" An organization that meets all of the following requirements: (1) Has been in existence for at least 10 years. (2) Supports a broad range of charitable activities. (3) Qualifies for exemption from Federal income taxation under 26 U.S.C. § 501(c)(3) (relating to exemption from tax on corporations, certain trusts, etc.). (4) Maintains an ongoing program to attract new endowment money by seeking gifts and bequests from a wide range of potential donors. (5) Is publicly supported, as described in 26 CFR 1.170A-9(f) (relating to definition of section 170(b)(1)(A) organization). (6) Meets the requirements for treatment as a single entity under 26 CFR 1.170A-9(f)(11). (7) Has an independent governing body that represents the interests of the general public and is not appointed by a single outside entity. (8) Is subject to an annual independent financial audit. \\\"Endowed community fund.\\\" A fund held by a community foundation that provides grants and benefits to charitable causes and is intended to exist in perpetuity.\", \"slug\": \"s19-pa-relatives\", \"url\": \"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021..HTM\"}]", "state": "Pennsylvania" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "20 Pa.C.S. § 2106", "code": "PA", "complete": true, "conditions": "", "fact_slugs": "s19-pa-forfeiture", "next_check_on": "2027-10-23", "official_url": "https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021.006.000..HTM", "passage_id": "pa-forfeiture", "quote": "(a) Spouse's share.-- (1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse. (2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if: (i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings; (ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court); and (iii) grounds have been established as provided in 23 Pa.C.S. § 3323(g). (b) Parent's share.--Any parent who, for one year or upwards previous to the death of the parent's minor or dependent child, has: (1) failed to perform the duty to support the minor or dependent child or who, for one year, has deserted the minor or dependent child; or (2) been convicted of one of the following offenses under Title 18: section 4303 (relating to concealing death of child); section 4304 (relating to endangering welfare of children); section 6312 (relating to sexual abuse of children); or an equivalent crime under Federal law or the law of another state involving his or her child; shall have no right or interest under this chapter in the real or personal estate of the minor or dependent child. The determination under paragraph (1) shall be made by the court after considering the quality, nature and extent of the parent's contact with the child and the physical, emotional and financial support provided to the child. (c) Slayer's share.--Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be distributed as provided in Chapter 88 (relating to slayers and elder abusers). (c.1) Elder abuser's share.--Any person who is convicted of offenses constituting elder abuse may not acquire property or receive any benefits upon the death of the victim, but such property or benefits shall be distributed as provided in Chapter 88. (d) Surviving spouse as witness.--The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture under this section.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Pennsylvania General Assembly\", \"quote\": \"(a) Spouse's share.-- (1) A spouse who, for one year or upwards previous to the death of the other spouse, has willfully neglected or refused to perform the duty to support the other spouse, or who for one year or upwards has willfully and maliciously deserted the other spouse, shall have no right or interest under this chapter in the real or personal estate of the other spouse. (2) A spouse shall have no right or interest under this chapter in the real or personal estate of the other spouse if: (i) the other spouse dies domiciled in this Commonwealth during the course of divorce proceedings; (ii) no decree of divorce has been entered pursuant to 23 Pa.C.S. § 3323 (relating to decree of court); and (iii) grounds have been established as provided in 23 Pa.C.S. § 3323(g). (b) Parent's share.--Any parent who, for one year or upwards previous to the death of the parent's minor or dependent child, has: (1) failed to perform the duty to support the minor or dependent child or who, for one year, has deserted the minor or dependent child; or (2) been convicted of one of the following offenses under Title 18: section 4303 (relating to concealing death of child); section 4304 (relating to endangering welfare of children); section 6312 (relating to sexual abuse of children); or an equivalent crime under Federal law or the law of another state involving his or her child; shall have no right or interest under this chapter in the real or personal estate of the minor or dependent child. The determination under paragraph (1) shall be made by the court after considering the quality, nature and extent of the parent's contact with the child and the physical, emotional and financial support provided to the child. (c) Slayer's share.--Any person who participates either as a principal or as an accessory before the fact in the willful and unlawful killing of any person shall not in any way acquire property or receive any benefits as the result of such killing, but such property or benefits shall be distributed as provided in Chapter 88 (relating to slayers and elder abusers). (c.1) Elder abuser's share.--Any person who is convicted of offenses constituting elder abuse may not acquire property or receive any benefits upon the death of the victim, but such property or benefits shall be distributed as provided in Chapter 88. (d) Surviving spouse as witness.--The surviving husband or wife shall be a competent witness as to all matters pertinent to the issue of forfeiture under this section.\", \"slug\": \"s19-pa-forfeiture\", \"url\": \"https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.021.006.000..HTM\"}]", "state": "Pennsylvania" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "R.I. Gen. Laws § 33-1-1", "code": "RI", "complete": true, "conditions": "", "fact_slugs": "s19-ri-relatives", "next_check_on": "2027-10-23", "official_url": "https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-1.htm", "passage_id": "ri-relatives", "quote": "Whenever any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in equal portions to his or her kindred, in the following course: (1) First to the intestate’s children or their descendants, if there are any. (2) Second, if there be no children nor their descendants, then to the intestate’s parents in equal shares, or to the surviving parent. (3) Third, if there is no parent, then to the intestate’s brothers and sisters, and their descendants.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Rhode Island General Assembly\", \"quote\": \"Whenever any person having title to any real estate of inheritance shall die intestate as to such estate, it shall descend and pass in equal portions to his or her kindred, in the following course: (1) First to the intestate’s children or their descendants, if there are any. (2) Second, if there be no children nor their descendants, then to the intestate’s parents in equal shares, or to the surviving parent. (3) Third, if there is no parent, then to the intestate’s brothers and sisters, and their descendants.\", \"slug\": \"s19-ri-relatives\", \"url\": \"https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-1.htm\"}]", "state": "Rhode Island" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "R.I. Gen. Laws § 33-1-5", "code": "RI", "complete": true, "conditions": "", "fact_slugs": "s19-ri-spouse-life-estate", "next_check_on": "2027-10-23", "official_url": "https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-5.htm", "passage_id": "ri-spouse-life-estate", "quote": "Whenever the intestate dies and leaves a surviving spouse, the real estate of the intestate shall descend and pass to the surviving spouse for his or her natural life. The provisions of §§ 33-1-1 and 33-1-2 shall be subject to the provisions of this section and § 33-1-6.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Rhode Island General Assembly\", \"quote\": \"Whenever the intestate dies and leaves a surviving spouse, the real estate of the intestate shall descend and pass to the surviving spouse for his or her natural life. The provisions of §§ 33-1-1 and 33-1-2 shall be subject to the provisions of this section and § 33-1-6.\", \"slug\": \"s19-ri-spouse-life-estate\", \"url\": \"https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-5.htm\"}]", "state": "Rhode Island" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "R.I. Gen. Laws § 33-1-6", "code": "RI", "complete": true, "conditions": "", "fact_slugs": "s19-ri-spouse-setoff", "next_check_on": "2027-01-23", "official_url": "https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-6.htm", "passage_id": "ri-spouse-setoff", "quote": "The probate court having jurisdiction of the estate of the intestate, if a resident of this state, or the probate court of any city or town in which the real estate of the intestate is situated if not a resident of this state, may also, in its discretion, upon petition filed within six (6) months from the date of the first publication of notice of the qualification of the administrator of the estate of the intestate, allow and set off to the intestate’s surviving spouse in fee real estate of the intestate situated in this state to an amount not exceeding one hundred fifty thousand dollars ($150,000) in value, over and above all incumbrances, if not required for the payment of the debts of the intestate; provided that if the real estate shall be in a single parcel of greater value over and above incumbrances than one hundred fifty thousand dollars ($150,000) and shall be deemed by the court, because of such condition and value, to be incapable of being allowed and set off hereunder, either as a whole or by partition, without unreasonable diminution in the value thereof, the court may order the parcel to be sold by the administrator, the administrator giving bond as in other cases of the sale of real estate, and from the proceeds of such sale may allow and set off the sum of one hundred fifty thousand dollars ($150,000) to the intestate’s surviving spouse for his or her own use and any surplus of the proceeds of sale shall be deemed to be real estate for the purposes of descent and distribution; provided, however, that title to real estate situated in any town or city of this state shall not pass by the decree of the probate court setting off and allowing such real estate, for the purpose of conveyance by the intestate’s surviving spouse until a copy of such decree as entered, duly certified by the probate clerk, is recorded in the records of land evidence in the town or city where the land is situated. The allowance and set off under this section shall be in addition to the life estate pursuant to § 33-1-5.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Rhode Island General Assembly\", \"quote\": \"The probate court having jurisdiction of the estate of the intestate, if a resident of this state, or the probate court of any city or town in which the real estate of the intestate is situated if not a resident of this state, may also, in its discretion, upon petition filed within six (6) months from the date of the first publication of notice of the qualification of the administrator of the estate of the intestate, allow and set off to the intestate’s surviving spouse in fee real estate of the intestate situated in this state to an amount not exceeding one hundred fifty thousand dollars ($150,000) in value, over and above all incumbrances, if not required for the payment of the debts of the intestate; provided that if the real estate shall be in a single parcel of greater value over and above incumbrances than one hundred fifty thousand dollars ($150,000) and shall be deemed by the court, because of such condition and value, to be incapable of being allowed and set off hereunder, either as a whole or by partition, without unreasonable diminution in the value thereof, the court may order the parcel to be sold by the administrator, the administrator giving bond as in other cases of the sale of real estate, and from the proceeds of such sale may allow and set off the sum of one hundred fifty thousand dollars ($150,000) to the intestate’s surviving spouse for his or her own use and any surplus of the proceeds of sale shall be deemed to be real estate for the purposes of descent and distribution; provided, however, that title to real estate situated in any town or city of this state shall not pass by the decree of the probate court setting off and allowing such real estate, for the purpose of conveyance by the intestate’s surviving spouse until a copy of such decree as entered, duly certified by the probate clerk, is recorded in the records of land evidence in the town or city where the land is situated. The allowance and set off under this section shall be in addition to the life estate pursuant to § 33-1-5.\", \"slug\": \"s19-ri-spouse-setoff\", \"url\": \"https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-6.htm\"}]", "state": "Rhode Island" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "R.I. Gen. Laws § 33-1-10", "code": "RI", "complete": true, "conditions": "", "fact_slugs": "s19-ri-personal-estate", "next_check_on": "2027-01-23", "official_url": "https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-10.htm", "passage_id": "ri-personal-estate", "quote": "The surplus of any chattels or personal estate of a deceased person, not bequeathed, after the payment of his or her just debts, funeral charges, and expenses of settling his or her estate, shall be distributed by order of the probate court which shall grant administration in the manner following: (1) The sum of fifty thousand dollars ($50,000) from the surplus and one-half (½) of the remainder to the widow or surviving husband forever, if the intestate died without issue. (2) One-half (½) of the surplus to the widow or surviving husband forever, if the intestate died leaving issue. (3) The residue shall be distributed among the heirs of the intestate in the same manner real estates descend and pass by this chapter, but without having any respect to the life estate and discretionary allowance provided by §§ 33-1-5 and 33-1-6.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Rhode Island General Assembly\", \"quote\": \"The surplus of any chattels or personal estate of a deceased person, not bequeathed, after the payment of his or her just debts, funeral charges, and expenses of settling his or her estate, shall be distributed by order of the probate court which shall grant administration in the manner following: (1) The sum of fifty thousand dollars ($50,000) from the surplus and one-half (½) of the remainder to the widow or surviving husband forever, if the intestate died without issue. (2) One-half (½) of the surplus to the widow or surviving husband forever, if the intestate died leaving issue. (3) The residue shall be distributed among the heirs of the intestate in the same manner real estates descend and pass by this chapter, but without having any respect to the life estate and discretionary allowance provided by §§ 33-1-5 and 33-1-6.\", \"slug\": \"s19-ri-personal-estate\", \"url\": \"https://webserver.rilegislature.gov/Statutes/TITLE33/33-1/33-1-10.htm\"}]", "state": "Rhode Island" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "S.C. Code § 62-2-101", "code": "SC", "complete": true, "conditions": "", "fact_slugs": "s19-sc-scope", "next_check_on": "2027-10-23", "official_url": "https://www.scstatehouse.gov/code/t62c002.php", "passage_id": "sc-scope", "quote": "SECTION 62-2-101. Intestate estate. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Carolina Legislature\", \"quote\": \"SECTION 62-2-101. Intestate estate. Any part of the estate of a decedent not effectively disposed of by his will passes to his heirs as prescribed in the following sections of this Code.\", \"slug\": \"s19-sc-scope\", \"url\": \"https://www.scstatehouse.gov/code/t62c002.php\"}]", "state": "South Carolina" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "S.C. Code § 62-2-102", "code": "SC", "complete": true, "conditions": "", "fact_slugs": "s19-sc-spouse", "next_check_on": "2027-10-23", "official_url": "https://www.scstatehouse.gov/code/t62c002.php", "passage_id": "sc-spouse", "quote": "SECTION 62-2-102. Share of the spouse. The intestate share of the surviving spouse is: (1) if there is no surviving issue of the decedent, the entire intestate estate; (2) if there are surviving issue, one-half of the intestate estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Carolina Legislature\", \"quote\": \"SECTION 62-2-102. Share of the spouse. The intestate share of the surviving spouse is: (1) if there is no surviving issue of the decedent, the entire intestate estate; (2) if there are surviving issue, one-half of the intestate estate.\", \"slug\": \"s19-sc-spouse\", \"url\": \"https://www.scstatehouse.gov/code/t62c002.php\"}]", "state": "South Carolina" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "S.C. Code § 62-2-103", "code": "SC", "complete": true, "conditions": "", "fact_slugs": "s19-sc-relatives", "next_check_on": "2027-10-23", "official_url": "https://www.scstatehouse.gov/code/t62c002.php", "passage_id": "sc-relatives", "quote": "SECTION 62-2-103. Share of heirs other than surviving spouse. The part of the intestate estate not passing to the surviving spouse under Section 62-2-102, or the entire estate if there is no surviving spouse, passes as follows: (1) to the issue of the decedent: if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree then those of more remote degree take by representation; (2) if there is no surviving issue, to his parent or parents equally; (3) if there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) if there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half; (5) if there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by one or more great-grandparents or issue of great-grandparents, half of the estate passes to the surviving paternal great-grandparents in equal shares, or to the surviving paternal great-grandparent if only one survives, or to the issue of the paternal great-grandparents if none of the great-grandparents survive, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving great-grandparent or issue of a great-grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Carolina Legislature\", \"quote\": \"SECTION 62-2-103. Share of heirs other than surviving spouse. The part of the intestate estate not passing to the surviving spouse under Section 62-2-102, or the entire estate if there is no surviving spouse, passes as follows: (1) to the issue of the decedent: if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree then those of more remote degree take by representation; (2) if there is no surviving issue, to his parent or parents equally; (3) if there is no surviving issue or parent, to the issue of the parents or either of them by representation; (4) if there is no surviving issue, parent or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving grandparent or issue of grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half; (5) if there is no surviving issue, parent or issue of a parent, grandparent or issue of a grandparent, but the decedent is survived by one or more great-grandparents or issue of great-grandparents, half of the estate passes to the surviving paternal great-grandparents in equal shares, or to the surviving paternal great-grandparent if only one survives, or to the issue of the paternal great-grandparents if none of the great-grandparents survive, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there be no surviving great-grandparent or issue of a great-grandparent on either the paternal or the maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.\", \"slug\": \"s19-sc-relatives\", \"url\": \"https://www.scstatehouse.gov/code/t62c002.php\"}]", "state": "South Carolina" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "S.C. Code § 62-2-104", "code": "SC", "complete": true, "conditions": "", "fact_slugs": "s19-sc-survival", "next_check_on": "2027-10-23", "official_url": "https://www.scstatehouse.gov/code/t62c002.php", "passage_id": "sc-survival", "quote": "SECTION 62-2-104. Requirement that individual survive decedent for one hundred twenty hours. (1) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in subsection (2): (a) an individual who was born before a decedent's death but who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent. If it is not established that an individual who was born before the decedent's death survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period; (b) an individual who was in gestation at a decedent's death is deemed to be living at the decedent's death if the individual lives one hundred twenty hours after birth. If it is not established that an individual who was in gestation at the decedent's death lived one hundred twenty hours after birth, it is deemed that the individual failed to survive for the required period. (2) This section does not apply if it would result in a taking of the intestate estate by the state under Section 62-2-105.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Carolina Legislature\", \"quote\": \"SECTION 62-2-104. Requirement that individual survive decedent for one hundred twenty hours. (1) For purposes of intestate succession, homestead allowance, and exempt property, and except as otherwise provided in subsection (2): (a) an individual who was born before a decedent's death but who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent. If it is not established that an individual who was born before the decedent's death survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period; (b) an individual who was in gestation at a decedent's death is deemed to be living at the decedent's death if the individual lives one hundred twenty hours after birth. If it is not established that an individual who was in gestation at the decedent's death lived one hundred twenty hours after birth, it is deemed that the individual failed to survive for the required period. (2) This section does not apply if it would result in a taking of the intestate estate by the state under Section 62-2-105.\", \"slug\": \"s19-sc-survival\", \"url\": \"https://www.scstatehouse.gov/code/t62c002.php\"}]", "state": "South Carolina" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "S.C. Code § 62-2-802", "code": "SC", "complete": true, "conditions": "", "fact_slugs": "s19-sc-spouse-definition", "next_check_on": "2027-10-23", "official_url": "https://www.scstatehouse.gov/code/t62c002.php", "passage_id": "sc-spouse-definition", "quote": "SECTION 62-2-802. Effect of divorce, annulment, decree of separate maintenance, or order terminating marital property rights. (a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separate maintenance that does not terminate the status of husband and wife is not a divorce for purposes of this section. (b) For purposes of Parts 1, 2, 3, and 4 of Article 2 [Sections 62-2-101 et seq., 62-2-201 et seq., 62-2-301 et seq., and 62-2-401 et seq.] and of Section 62-3-203, a surviving spouse does not include: (1) an individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this State, unless they subsequently participate in a marriage ceremony purporting to marry each to the other, or live together as husband and wife at the time of the decedent's death; (2) an individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person; (3) an individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights or confirming equitable distribution between spouses unless they are living together as husband and wife at the time of the decedent's death; or (4) an individual claiming to be a common law spouse who has not been established to be a common law spouse by an adjudication commenced before the death of the decedent or within the later of eight months after the death of the decedent or six months after the initial appointment of a personal representative; if the action is commenced after the death of the decedent, proof must be by clear and convincing evidence. (c) A divorce or annulment is not final until signed by the court and filed in the office of the clerk of court.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Carolina Legislature\", \"quote\": \"SECTION 62-2-802. Effect of divorce, annulment, decree of separate maintenance, or order terminating marital property rights. (a) An individual who is divorced from the decedent or whose marriage to the decedent has been annulled is not a surviving spouse unless, by virtue of a subsequent marriage, the individual is married to the decedent at the time of death. A decree of separate maintenance that does not terminate the status of husband and wife is not a divorce for purposes of this section. (b) For purposes of Parts 1, 2, 3, and 4 of Article 2 [Sections 62-2-101 et seq., 62-2-201 et seq., 62-2-301 et seq., and 62-2-401 et seq.] and of Section 62-3-203, a surviving spouse does not include: (1) an individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, which decree or judgment is not recognized as valid in this State, unless they subsequently participate in a marriage ceremony purporting to marry each to the other, or live together as husband and wife at the time of the decedent's death; (2) an individual who, following an invalid decree or judgment of divorce or annulment obtained by the decedent, participates in a marriage ceremony with a third person; (3) an individual who was a party to a valid proceeding concluded by an order purporting to terminate all marital property rights or confirming equitable distribution between spouses unless they are living together as husband and wife at the time of the decedent's death; or (4) an individual claiming to be a common law spouse who has not been established to be a common law spouse by an adjudication commenced before the death of the decedent or within the later of eight months after the death of the decedent or six months after the initial appointment of a personal representative; if the action is commenced after the death of the decedent, proof must be by clear and convincing evidence. (c) A divorce or annulment is not final until signed by the court and filed in the office of the clerk of court.\", \"slug\": \"s19-sc-spouse-definition\", \"url\": \"https://www.scstatehouse.gov/code/t62c002.php\"}]", "state": "South Carolina" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "S.D. Codified Laws § 29A-2-102", "code": "SD", "complete": true, "conditions": "", "fact_slugs": "s19-sd-spouse", "next_check_on": "2027-01-23", "official_url": "https://sdlegislature.gov/api/Statutes/29A-2-102.html", "passage_id": "sd-spouse", "quote": "The intestate share of a decedent's surviving spouse is: (1) The entire intestate estate if: (i) No descendant of the decedent survives the decedent; or (ii) All of the decedent's surviving descendants are also descendants of the surviving spouse; (2) The first $100,000, plus one - half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"South Dakota Legislature\", \"quote\": \"The intestate share of a decedent's surviving spouse is: (1) The entire intestate estate if: (i) No descendant of the decedent survives the decedent; or (ii) All of the decedent's surviving descendants are also descendants of the surviving spouse; (2) The first $100,000, plus one - half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.\", \"slug\": \"s19-sd-spouse\", \"url\": \"https://sdlegislature.gov/api/Statutes/29A-2-102.html\"}]", "state": "South Dakota" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "S.D. Codified Laws § 29A-2-103", "code": "SD", "complete": true, "conditions": "", "fact_slugs": "s19-sd-relatives", "next_check_on": "2027-10-23", "official_url": "https://sdlegislature.gov/api/Statutes/29A-2-103.html", "passage_id": "sd-relatives", "quote": "Any part of the intestate estate not passing to the decedent's surviving spouse under § 29A-2-102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) To the decedent's descendants by representation; (2) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (3) If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (4) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or by representation to the descendants of the decedent's paternal grandparents or either of them if both are deceased; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Dakota Legislature\", \"quote\": \"Any part of the intestate estate not passing to the decedent's surviving spouse under § 29A-2-102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (1) To the decedent's descendants by representation; (2) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (3) If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (4) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or by representation to the descendants of the decedent's paternal grandparents or either of them if both are deceased; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.\", \"slug\": \"s19-sd-relatives\", \"url\": \"https://sdlegislature.gov/api/Statutes/29A-2-103.html\"}]", "state": "South Dakota" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "S.D. Codified Laws § 29A-2-101", "code": "SD", "complete": true, "conditions": "", "fact_slugs": "s19-sd-scope", "next_check_on": "2027-10-23", "official_url": "https://sdlegislature.gov/api/Statutes/29A-2-101.html", "passage_id": "sd-scope", "quote": "(a) Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or all members of that class had disclaimed their intestate shares.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Dakota Legislature\", \"quote\": \"(a) Any part of a decedent's estate not effectively disposed of by will or otherwise passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or all members of that class had disclaimed their intestate shares.\", \"slug\": \"s19-sd-scope\", \"url\": \"https://sdlegislature.gov/api/Statutes/29A-2-101.html\"}]", "state": "South Dakota" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "S.D. Codified Laws § 29A-2-104", "code": "SD", "complete": true, "conditions": "", "fact_slugs": "s19-sd-survival", "next_check_on": "2027-10-23", "official_url": "https://sdlegislature.gov/api/Statutes/29A-2-104.html", "passage_id": "sd-survival", "quote": "An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. This section is not to be applied if its application would result in a taking of intestate estate by the state under § 29A-2-105 .", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Dakota Legislature\", \"quote\": \"An individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly. This section is not to be applied if its application would result in a taking of intestate estate by the state under § 29A-2-105 .\", \"slug\": \"s19-sd-survival\", \"url\": \"https://sdlegislature.gov/api/Statutes/29A-2-104.html\"}]", "state": "South Dakota" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "S.D. Codified Laws § 29A-2-114", "code": "SD", "complete": true, "conditions": "", "fact_slugs": "s19-sd-relationships", "next_check_on": "2027-10-23", "official_url": "https://sdlegislature.gov/api/Statutes/29A-2-114.html", "passage_id": "sd-relationships", "quote": "(a) For purposes of intestate succession by, from, or through a person, and except as provided in subsection (b), an individual born out of wedlock is the child of that individual's birth parents. However, inheritance from or through the child by a birth parent or that birth parent's kindred is precluded unless that birth parent has openly treated the child as kindred, and has not refused to support the child. (b) For purposes of intestate succession by, from, or through a person, an adopted individual is the child of that individual's adopting parent or parents and not of that individual's birth parents, except that: (1) Adoption of a child by the spouse of a birth parent has no effect on (i) the relationship between the child and the birth parent whose spouse has adopted the child or (ii) the right of the child or a descendant of the child to inherit from or through the other birth parent; and (2) Adoption of a child by a birth grandparent or a descendant of a birth grandparent of the child has no effect on the right of the child or a descendant of the child to inherit from or through either birth parent; (c) The identity of the mother of an individual born out of wedlock is established by the birth of the child. The identity of the father may be established by the subsequent marriage of the parents, by a written acknowledgment by the father during the child's lifetime, by a judicial determination of paternity during the father's lifetime, or by a presentation of clear and convincing proof in the proceeding to settle the father's estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"South Dakota Legislature\", \"quote\": \"(a) For purposes of intestate succession by, from, or through a person, and except as provided in subsection (b), an individual born out of wedlock is the child of that individual's birth parents. However, inheritance from or through the child by a birth parent or that birth parent's kindred is precluded unless that birth parent has openly treated the child as kindred, and has not refused to support the child. (b) For purposes of intestate succession by, from, or through a person, an adopted individual is the child of that individual's adopting parent or parents and not of that individual's birth parents, except that: (1) Adoption of a child by the spouse of a birth parent has no effect on (i) the relationship between the child and the birth parent whose spouse has adopted the child or (ii) the right of the child or a descendant of the child to inherit from or through the other birth parent; and (2) Adoption of a child by a birth grandparent or a descendant of a birth grandparent of the child has no effect on the right of the child or a descendant of the child to inherit from or through either birth parent; (c) The identity of the mother of an individual born out of wedlock is established by the birth of the child. The identity of the father may be established by the subsequent marriage of the parents, by a written acknowledgment by the father during the child's lifetime, by a judicial determination of paternity during the father's lifetime, or by a presentation of clear and convincing proof in the proceeding to settle the father's estate.\", \"slug\": \"s19-sd-relationships\", \"url\": \"https://sdlegislature.gov/api/Statutes/29A-2-114.html\"}]", "state": "South Dakota" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "Tenn. Code Ann. § 31-2-104(a)", "code": "TN", "complete": true, "conditions": "", "fact_slugs": "s19-tn-spouse", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/tncode/", "passage_id": "tn-spouse", "quote": "(a) The intestate share of the surviving spouse is: (1) If there is no surviving issue of the decedent, the entire intestate estate; or (2) If there are surviving issue of the decedent, either one-third (⅓) or a child's share of the entire intestate estate, whichever is greater.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Tennessee Code Public Access, LexisNexis\", \"quote\": \"(a) The intestate share of the surviving spouse is: (1) If there is no surviving issue of the decedent, the entire intestate estate; or (2) If there are surviving issue of the decedent, either one-third (⅓) or a child's share of the entire intestate estate, whichever is greater.\", \"slug\": \"s19-tn-spouse\", \"url\": \"https://www.lexisnexis.com/hottopics/tncode/\"}]", "state": "Tennessee" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "Tenn. Code Ann. § 31-2-104(b)", "code": "TN", "complete": true, "conditions": "", "fact_slugs": "s19-tn-heirs", "next_check_on": "2027-01-24", "official_url": "https://www.lexisnexis.com/hottopics/tncode/", "passage_id": "tn-heirs", "quote": "(b) The part of the intestate estate not passing to the surviving spouse under subsection (a) or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to the decedent's parent or parents equally; (3) If there is no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother and sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take by representation; or (4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Tennessee Code Public Access, LexisNexis\", \"quote\": \"(b) The part of the intestate estate not passing to the surviving spouse under subsection (a) or the entire intestate estate if there is no surviving spouse, passes as follows: (1) To the issue of the decedent; if they are all of the same degree of kinship to the decedent they take equally, but if of unequal degree, then those of more remote degree take by representation; (2) If there is no surviving issue, to the decedent's parent or parents equally; (3) If there is no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother and sister by representation; if there is no surviving brother or sister, the issue of brothers and sisters take by representation; or (4) If there is no surviving issue, parent, or issue of a parent, but the decedent is survived by one or more grandparents or issue of grandparents, half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation; and the other half passes to the maternal relatives in the same manner; but if there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.\", \"slug\": \"s19-tn-heirs\", \"url\": \"https://www.lexisnexis.com/hottopics/tncode/\"}]", "state": "Tennessee" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Tex. Est. Code § 201.001", "code": "TX", "complete": true, "conditions": "", "fact_slugs": "s19-tx-relatives", "next_check_on": "2027-10-23", "official_url": "https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1", "passage_id": "tx-relatives", "quote": "Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE. (a) If a person who dies intestate does not leave a spouse, the estate to which the person had title descends and passes in parcenary to the person's kindred in the order provided by this section. (b) The person's estate descends and passes to the person's children and the children's descendants. (c) If no child or child's descendant survives the person, the person's estate descends and passes in equal portions to the person's father and mother. (d) If only the person's father or mother survives the person, the person's estate shall: (1) be divided into two equal portions, with: (A) one portion passing to the surviving parent; and (B) one portion passing to the person's siblings and the siblings' descendants; or (2) be inherited entirely by the surviving parent if there is no sibling of the person or siblings' descendants. (e) If neither the person's father nor mother survives the person, the person's entire estate passes to the person's siblings and the siblings' descendants. (f) If none of the kindred described by Subsections (b)-(e) survive the person, the person's estate shall be divided into two moieties, with: (1) one moiety passing to the person's paternal kindred as provided by Subsection (g); and (2) one moiety passing to the person's maternal kindred as provided by Subsection (h). (g) The moiety passing to the person's paternal kindred passes in the following order: (1) if both paternal grandparents survive the person, equal portions pass to the person's paternal grandfather and grandmother; (2) if only the person's paternal grandfather or grandmother survives the person, the person's estate shall: (A) be divided into two equal portions, with: (i) one portion passing to the surviving grandparent; and (ii) one portion passing to the descendants of the deceased grandparent; or (B) pass entirely to the surviving grandparent if no descendant of the deceased grandparent survives the person; and (3) if neither the person's paternal grandfather nor grandmother survives the person, the moiety passing to the decedent's paternal kindred passes to the descendants of the person's paternal grandfather and grandmother, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants. (h) The moiety passing to the person's maternal kindred passes in the same order and manner as the other moiety passes to the decedent's paternal kindred under Subsection (g).", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Texas Legislature\", \"quote\": \"Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE. (a) If a person who dies intestate does not leave a spouse, the estate to which the person had title descends and passes in parcenary to the person's kindred in the order provided by this section. (b) The person's estate descends and passes to the person's children and the children's descendants. (c) If no child or child's descendant survives the person, the person's estate descends and passes in equal portions to the person's father and mother. (d) If only the person's father or mother survives the person, the person's estate shall: (1) be divided into two equal portions, with: (A) one portion passing to the surviving parent; and (B) one portion passing to the person's siblings and the siblings' descendants; or (2) be inherited entirely by the surviving parent if there is no sibling of the person or siblings' descendants. (e) If neither the person's father nor mother survives the person, the person's entire estate passes to the person's siblings and the siblings' descendants. (f) If none of the kindred described by Subsections (b)-(e) survive the person, the person's estate shall be divided into two moieties, with: (1) one moiety passing to the person's paternal kindred as provided by Subsection (g); and (2) one moiety passing to the person's maternal kindred as provided by Subsection (h). (g) The moiety passing to the person's paternal kindred passes in the following order: (1) if both paternal grandparents survive the person, equal portions pass to the person's paternal grandfather and grandmother; (2) if only the person's paternal grandfather or grandmother survives the person, the person's estate shall: (A) be divided into two equal portions, with: (i) one portion passing to the surviving grandparent; and (ii) one portion passing to the descendants of the deceased grandparent; or (B) pass entirely to the surviving grandparent if no descendant of the deceased grandparent survives the person; and (3) if neither the person's paternal grandfather nor grandmother survives the person, the moiety passing to the decedent's paternal kindred passes to the descendants of the person's paternal grandfather and grandmother, and so on without end, passing in like manner to the nearest lineal ancestors and their descendants. (h) The moiety passing to the person's maternal kindred passes in the same order and manner as the other moiety passes to the decedent's paternal kindred under Subsection (g).\", \"slug\": \"s19-tx-relatives\", \"url\": \"https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1\"}]", "state": "Texas" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Tex. Est. Code § 201.002", "code": "TX", "complete": true, "conditions": "", "fact_slugs": "s19-tx-spouse", "next_check_on": "2027-10-23", "official_url": "https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1", "passage_id": "tx-spouse", "quote": "Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE. (a) If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section. (b) If the person has one or more children or a descendant of a child: (1) the surviving spouse takes one-third of the personal estate; (2) two-thirds of the personal estate descends to the person's child or children, and the descendants of a child or children; and (3) the surviving spouse is entitled to a life estate in one-third of the person's land, with the remainder descending to the person's child or children and the descendants of a child or children. (c) Except as provided by Subsection (d), if the person has no child and no descendant of a child: (1) the surviving spouse is entitled to all of the personal estate; (2) the surviving spouse is entitled to one-half of the person's land without a remainder to any person; and (3) one-half of the person's land passes and is inherited according to the rules of descent and distribution. (d) If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Texas Legislature\", \"quote\": \"Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE. (a) If a person who dies intestate leaves a surviving spouse, the estate, other than a community estate, to which the person had title descends and passes as provided by this section. (b) If the person has one or more children or a descendant of a child: (1) the surviving spouse takes one-third of the personal estate; (2) two-thirds of the personal estate descends to the person's child or children, and the descendants of a child or children; and (3) the surviving spouse is entitled to a life estate in one-third of the person's land, with the remainder descending to the person's child or children and the descendants of a child or children. (c) Except as provided by Subsection (d), if the person has no child and no descendant of a child: (1) the surviving spouse is entitled to all of the personal estate; (2) the surviving spouse is entitled to one-half of the person's land without a remainder to any person; and (3) one-half of the person's land passes and is inherited according to the rules of descent and distribution. (d) If the person described by Subsection (c) does not leave a surviving parent or one or more surviving siblings, or their descendants, the surviving spouse is entitled to the entire estate.\", \"slug\": \"s19-tx-spouse\", \"url\": \"https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1\"}]", "state": "Texas" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "Tex. Est. Code § 201.003", "code": "TX", "complete": true, "conditions": "", "fact_slugs": "s19-tx-community", "next_check_on": "2027-10-23", "official_url": "https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1", "passage_id": "tx-community", "quote": "Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE. (a) If a person who dies intestate leaves a surviving spouse, the community estate of the deceased spouse passes as provided by this section. (b) The community estate of the deceased spouse passes to the surviving spouse if: (1) no child or other descendant of the deceased spouse survives the deceased spouse; or (2) all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. (c) If the deceased spouse is survived by a child or other descendant who is not also a child or other descendant of the surviving spouse, the deceased spouse's undivided one-half interest in the community estate passes to the deceased spouse's children or other descendants. The descendants inherit only the portion of that estate to which they would be entitled under Section 201.101. In every case, the community estate passes charged with the debts against the community estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Texas Legislature\", \"quote\": \"Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE. (a) If a person who dies intestate leaves a surviving spouse, the community estate of the deceased spouse passes as provided by this section. (b) The community estate of the deceased spouse passes to the surviving spouse if: (1) no child or other descendant of the deceased spouse survives the deceased spouse; or (2) all of the surviving children and descendants of the deceased spouse are also children or descendants of the surviving spouse. (c) If the deceased spouse is survived by a child or other descendant who is not also a child or other descendant of the surviving spouse, the deceased spouse's undivided one-half interest in the community estate passes to the deceased spouse's children or other descendants. The descendants inherit only the portion of that estate to which they would be entitled under Section 201.101. In every case, the community estate passes charged with the debts against the community estate.\", \"slug\": \"s19-tx-community\", \"url\": \"https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1\"}]", "state": "Texas" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Tex. Est. Code § 201.056", "code": "TX", "complete": true, "conditions": "", "fact_slugs": "s19-tx-survival", "next_check_on": "2027-10-23", "official_url": "https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1", "passage_id": "tx-survival", "quote": "Sec. 201.056. PERSONS NOT IN BEING. No right of inheritance accrues to any person unless the person is born before, or is in gestation at, the time of the intestate's death and survives for at least 120 hours. A person is: (1) considered to be in gestation at the time of the intestate's death if insemination or implantation occurs at or before the time of the intestate's death; and (2) presumed to be in gestation at the time of the intestate's death if the person is born before the 301st day after the date of the intestate's death.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Texas Legislature\", \"quote\": \"Sec. 201.056. PERSONS NOT IN BEING. No right of inheritance accrues to any person unless the person is born before, or is in gestation at, the time of the intestate's death and survives for at least 120 hours. A person is: (1) considered to be in gestation at the time of the intestate's death if insemination or implantation occurs at or before the time of the intestate's death; and (2) presumed to be in gestation at the time of the intestate's death if the person is born before the 301st day after the date of the intestate's death.\", \"slug\": \"s19-tx-survival\", \"url\": \"https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1\"}]", "state": "Texas" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Tex. Est. Code § 201.057", "code": "TX", "complete": true, "conditions": "", "fact_slugs": "s19-tx-half-blood", "next_check_on": "2027-10-23", "official_url": "https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1", "passage_id": "tx-half-blood", "quote": "Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF BLOOD. If the inheritance from an intestate passes to the collateral kindred of the intestate and part of the collateral kindred are of whole blood and the other part are of half blood of the intestate, each of the collateral kindred who is of half blood inherits only half as much as that inherited by each of the collateral kindred who is of whole blood. If all of the collateral kindred are of half blood of the intestate, each of the collateral kindred inherits a whole portion.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Texas Legislature\", \"quote\": \"Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF BLOOD. If the inheritance from an intestate passes to the collateral kindred of the intestate and part of the collateral kindred are of whole blood and the other part are of half blood of the intestate, each of the collateral kindred who is of half blood inherits only half as much as that inherited by each of the collateral kindred who is of whole blood. If all of the collateral kindred are of half blood of the intestate, each of the collateral kindred inherits a whole portion.\", \"slug\": \"s19-tx-half-blood\", \"url\": \"https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1\"}]", "state": "Texas" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Tex. Est. Code § 201.101", "code": "TX", "complete": true, "conditions": "", "fact_slugs": "s19-tx-representation", "next_check_on": "2027-10-23", "official_url": "https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1", "passage_id": "tx-representation", "quote": "Sec. 201.101. DETERMINATION OF PER CAPITA WITH REPRESENTATION DISTRIBUTION. (a) The children, descendants, brothers, sisters, uncles, aunts, or other relatives of an intestate who stand in the first or same degree of relationship alone and come into the distribution of the intestate's estate take per capita, which means by persons. (b) If some of the persons described by Subsection (a) are dead and some are living, each descendant of those persons who have died is entitled to a distribution of the intestate's estate. Each descendant inherits only that portion of the property to which the parent through whom the descendant inherits would be entitled if that parent were alive.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Texas Legislature\", \"quote\": \"Sec. 201.101. DETERMINATION OF PER CAPITA WITH REPRESENTATION DISTRIBUTION. (a) The children, descendants, brothers, sisters, uncles, aunts, or other relatives of an intestate who stand in the first or same degree of relationship alone and come into the distribution of the intestate's estate take per capita, which means by persons. (b) If some of the persons described by Subsection (a) are dead and some are living, each descendant of those persons who have died is entitled to a distribution of the intestate's estate. Each descendant inherits only that portion of the property to which the parent through whom the descendant inherits would be entitled if that parent were alive.\", \"slug\": \"s19-tx-representation\", \"url\": \"https://statutes.capitol.texas.gov/?artSec=201.002&chapter=ES.201&code=ES&tab=1\"}]", "state": "Texas" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "Utah Code § 75-2-101", "code": "UT", "complete": true, "conditions": "The statute states a base amount. Section 75-1-110 requires adjustment, and the court table publishes $112,500 for Section 75-2-102 for a 2026 death.", "fact_slugs": "s19-ut-scope; s19-ut-spouse; s19-ut-indexing; s19-ut-2026-adjustment", "next_check_on": "2027-01-23; 2027-10-23", "official_url": "https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf", "passage_id": "ut-scope", "quote": "(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as provided in this title, except as modified by the decedent's will. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as provided in this title, except as modified by the decedent's will. (2) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share.\", \"slug\": \"s19-ut-scope\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) The intestate share of a decedent's surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.\", \"slug\": \"s19-ut-spouse\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) In this section: (a) \\\"CPI\\\" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI- U), U.S. City Average, reported by the Bureau of Labor Statistics, United States Department of Labor or its successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index adopted by the Administrative Office of the Courts. (b) \\\"Reference base index\\\" means the CPI for calendar year 2009. (2) The dollar amounts stated in Subsection 75-2-202(2) and Sections 75-2-102, 75-2-402, 75-2-403, and 75-2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts shall be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 75-2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index shall be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported. (3) Before February 1, 2011, and before February 1 of each succeeding year, the Administrative Office of the Courts shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011, of each dollar amount as increased or decreased under this section.\", \"slug\": \"s19-ut-indexing\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter1/C75-1-S110_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah State Courts\", \"quote\": \"Year of Death Reference Base Index Reported Annual Average All Items Reported Percent Change in CPI from Previous Year* Cumulative Percent Change on Reference Base Index* Effect on Dollar Amount in Section 75-2-102 Effect on Dollar Amount in Section 75-2-202 Effect on Dollar Amount in Section 75-2-402 Effect on Dollar Amount in Section 75-2-403 Effect on Dollar Amount in Section 75-2-405 2026 $112,500 $112,500 $33,700 $22,500 $40,500\", \"slug\": \"s19-ut-2026-adjustment\", \"url\": \"https://www.utcourts.gov/en/about/miscellaneous/legal-community/price.html\"}]", "state": "Utah" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Utah Code § 75-2-102", "code": "UT", "complete": true, "conditions": "The statute states a base amount. Section 75-1-110 requires adjustment, and the court table publishes $112,500 for Section 75-2-102 for a 2026 death.", "fact_slugs": "s19-ut-spouse; s19-ut-indexing; s19-ut-2026-adjustment", "next_check_on": "2027-01-23", "official_url": "https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf", "passage_id": "ut-spouse", "quote": "(1) The intestate share of a decedent's surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) The intestate share of a decedent's surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.\", \"slug\": \"s19-ut-spouse\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) In this section: (a) \\\"CPI\\\" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI- U), U.S. City Average, reported by the Bureau of Labor Statistics, United States Department of Labor or its successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index adopted by the Administrative Office of the Courts. (b) \\\"Reference base index\\\" means the CPI for calendar year 2009. (2) The dollar amounts stated in Subsection 75-2-202(2) and Sections 75-2-102, 75-2-402, 75-2-403, and 75-2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts shall be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 75-2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index shall be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported. (3) Before February 1, 2011, and before February 1 of each succeeding year, the Administrative Office of the Courts shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011, of each dollar amount as increased or decreased under this section.\", \"slug\": \"s19-ut-indexing\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter1/C75-1-S110_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah State Courts\", \"quote\": \"Year of Death Reference Base Index Reported Annual Average All Items Reported Percent Change in CPI from Previous Year* Cumulative Percent Change on Reference Base Index* Effect on Dollar Amount in Section 75-2-102 Effect on Dollar Amount in Section 75-2-202 Effect on Dollar Amount in Section 75-2-402 Effect on Dollar Amount in Section 75-2-403 Effect on Dollar Amount in Section 75-2-405 2026 $112,500 $112,500 $33,700 $22,500 $40,500\", \"slug\": \"s19-ut-2026-adjustment\", \"url\": \"https://www.utcourts.gov/en/about/miscellaneous/legal-community/price.html\"}]", "state": "Utah" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Utah Code § 75-2-103", "code": "UT", "complete": true, "conditions": "The statute states a base amount. Section 75-1-110 requires adjustment, and the court table publishes $112,500 for Section 75-2-102 for a 2026 death.", "fact_slugs": "s19-ut-relatives; s19-ut-spouse; s19-ut-indexing; s19-ut-2026-adjustment", "next_check_on": "2027-01-23; 2027-10-23", "official_url": "https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf", "passage_id": "ut-relatives", "quote": "(1) Any part of the intestate estate not passing to a decedent's surviving spouse under Section 75-2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: (a) to the decedent's descendants per capita at each generation as defined in Subsection 75-2-106(2); (b) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent if only one survives; (c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation as defined in Subsection 75-2-106(3); (d) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents: (i) half to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent if only one survives, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3); and (ii) half to the decedent's maternal grandparents equally if both survive, to the surviving maternal grandparent if only one survives, or to the descendants of the decedent's maternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3); (e) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent's relatives on the side with one or more surviving members in the same manner as the half described in Subsection (1)(d); (f) if there is no taker under Subsection (1)(a), (b), (c), (d), or (e), but the decedent has: (i) one deceased spouse who has one or more descendants who survive the decedent, the estate or part of the estate passes to that spouse's descendants who survive the decedent, the descendants taking per capita at each generation as defined in Subsection 75-2-106(4); or (ii) more than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part of the estate passes to each set of descendants, the descendants taking per capita at each generation as defined in Subsection 75-2-106(4). (2) For purposes of Subsections (1)(a), (b), (c), (d), (e), and (f) any nonprobate transfer, as defined in Section 75-2-205, received by an heir is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 to the heir in determining the heir's share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) Any part of the intestate estate not passing to a decedent's surviving spouse under Section 75-2-102, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals who survive the decedent: (a) to the decedent's descendants per capita at each generation as defined in Subsection 75-2-106(2); (b) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent if only one survives; (c) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them per capita at each generation as defined in Subsection 75-2-106(3); (d) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived on both the paternal and maternal sides by one or more grandparents or descendants of grandparents: (i) half to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent if only one survives, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3); and (ii) half to the decedent's maternal grandparents equally if both survive, to the surviving maternal grandparent if only one survives, or to the descendants of the decedent's maternal grandparents or either of them if both are deceased, the descendants taking per capita at each generation as defined in Subsection 75-2-106(3); (e) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents on the paternal but not the maternal side, or on the maternal but not the paternal side, to the decedent's relatives on the side with one or more surviving members in the same manner as the half described in Subsection (1)(d); (f) if there is no taker under Subsection (1)(a), (b), (c), (d), or (e), but the decedent has: (i) one deceased spouse who has one or more descendants who survive the decedent, the estate or part of the estate passes to that spouse's descendants who survive the decedent, the descendants taking per capita at each generation as defined in Subsection 75-2-106(4); or (ii) more than one deceased spouse who has one or more descendants who survive the decedent, an equal share of the estate or part of the estate passes to each set of descendants, the descendants taking per capita at each generation as defined in Subsection 75-2-106(4). (2) For purposes of Subsections (1)(a), (b), (c), (d), (e), and (f) any nonprobate transfer, as defined in Section 75-2-205, received by an heir is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 to the heir in determining the heir's share.\", \"slug\": \"s19-ut-relatives\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) The intestate share of a decedent's surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.\", \"slug\": \"s19-ut-spouse\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) In this section: (a) \\\"CPI\\\" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI- U), U.S. City Average, reported by the Bureau of Labor Statistics, United States Department of Labor or its successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index adopted by the Administrative Office of the Courts. (b) \\\"Reference base index\\\" means the CPI for calendar year 2009. (2) The dollar amounts stated in Subsection 75-2-202(2) and Sections 75-2-102, 75-2-402, 75-2-403, and 75-2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts shall be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 75-2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index shall be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported. (3) Before February 1, 2011, and before February 1 of each succeeding year, the Administrative Office of the Courts shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011, of each dollar amount as increased or decreased under this section.\", \"slug\": \"s19-ut-indexing\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter1/C75-1-S110_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah State Courts\", \"quote\": \"Year of Death Reference Base Index Reported Annual Average All Items Reported Percent Change in CPI from Previous Year* Cumulative Percent Change on Reference Base Index* Effect on Dollar Amount in Section 75-2-102 Effect on Dollar Amount in Section 75-2-202 Effect on Dollar Amount in Section 75-2-402 Effect on Dollar Amount in Section 75-2-403 Effect on Dollar Amount in Section 75-2-405 2026 $112,500 $112,500 $33,700 $22,500 $40,500\", \"slug\": \"s19-ut-2026-adjustment\", \"url\": \"https://www.utcourts.gov/en/about/miscellaneous/legal-community/price.html\"}]", "state": "Utah" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Utah Code § 75-1-110", "code": "UT", "complete": true, "conditions": "The statute states a base amount. Section 75-1-110 requires adjustment, and the court table publishes $112,500 for Section 75-2-102 for a 2026 death.", "fact_slugs": "s19-ut-indexing; s19-ut-spouse; s19-ut-2026-adjustment", "next_check_on": "2027-01-23", "official_url": "https://le.utah.gov/xcode/Title75/Chapter1/C75-1-S110_1800010118000101.pdf", "passage_id": "ut-indexing", "quote": "(1) In this section: (a) \"CPI\" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI- U), U.S. City Average, reported by the Bureau of Labor Statistics, United States Department of Labor or its successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index adopted by the Administrative Office of the Courts. (b) \"Reference base index\" means the CPI for calendar year 2009. (2) The dollar amounts stated in Subsection 75-2-202(2) and Sections 75-2-102, 75-2-402, 75-2-403, and 75-2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts shall be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 75-2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index shall be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported. (3) Before February 1, 2011, and before February 1 of each succeeding year, the Administrative Office of the Courts shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011, of each dollar amount as increased or decreased under this section.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) In this section: (a) \\\"CPI\\\" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI- U), U.S. City Average, reported by the Bureau of Labor Statistics, United States Department of Labor or its successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index adopted by the Administrative Office of the Courts. (b) \\\"Reference base index\\\" means the CPI for calendar year 2009. (2) The dollar amounts stated in Subsection 75-2-202(2) and Sections 75-2-102, 75-2-402, 75-2-403, and 75-2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts shall be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 75-2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index shall be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported. (3) Before February 1, 2011, and before February 1 of each succeeding year, the Administrative Office of the Courts shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011, of each dollar amount as increased or decreased under this section.\", \"slug\": \"s19-ut-indexing\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter1/C75-1-S110_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) The intestate share of a decedent's surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.\", \"slug\": \"s19-ut-spouse\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah State Courts\", \"quote\": \"Year of Death Reference Base Index Reported Annual Average All Items Reported Percent Change in CPI from Previous Year* Cumulative Percent Change on Reference Base Index* Effect on Dollar Amount in Section 75-2-102 Effect on Dollar Amount in Section 75-2-202 Effect on Dollar Amount in Section 75-2-402 Effect on Dollar Amount in Section 75-2-403 Effect on Dollar Amount in Section 75-2-405 2026 $112,500 $112,500 $33,700 $22,500 $40,500\", \"slug\": \"s19-ut-2026-adjustment\", \"url\": \"https://www.utcourts.gov/en/about/miscellaneous/legal-community/price.html\"}]", "state": "Utah" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Utah Courts probate cost of living table for 2026", "code": "UT", "complete": true, "conditions": "The statute states a base amount. Section 75-1-110 requires adjustment, and the court table publishes $112,500 for Section 75-2-102 for a 2026 death.", "fact_slugs": "s19-ut-2026-adjustment; s19-ut-spouse; s19-ut-indexing", "next_check_on": "2027-01-23", "official_url": "https://www.utcourts.gov/en/about/miscellaneous/legal-community/price.html", "passage_id": "ut-2026-adjustment", "quote": "Year of Death Reference Base Index Reported Annual Average All Items Reported Percent Change in CPI from Previous Year* Cumulative Percent Change on Reference Base Index* Effect on Dollar Amount in Section 75-2-102 Effect on Dollar Amount in Section 75-2-202 Effect on Dollar Amount in Section 75-2-402 Effect on Dollar Amount in Section 75-2-403 Effect on Dollar Amount in Section 75-2-405 2026 $112,500 $112,500 $33,700 $22,500 $40,500", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah State Courts\", \"quote\": \"Year of Death Reference Base Index Reported Annual Average All Items Reported Percent Change in CPI from Previous Year* Cumulative Percent Change on Reference Base Index* Effect on Dollar Amount in Section 75-2-102 Effect on Dollar Amount in Section 75-2-202 Effect on Dollar Amount in Section 75-2-402 Effect on Dollar Amount in Section 75-2-403 Effect on Dollar Amount in Section 75-2-405 2026 $112,500 $112,500 $33,700 $22,500 $40,500\", \"slug\": \"s19-ut-2026-adjustment\", \"url\": \"https://www.utcourts.gov/en/about/miscellaneous/legal-community/price.html\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) The intestate share of a decedent's surviving spouse is: (a) the entire intestate estate if: (i) no descendant of the decedent survives the decedent; or (ii) all of the decedent's surviving descendants are also descendants of the surviving spouse; (b) the first $75,000, plus 1/2 of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse. (2) For purposes of Subsection (1)(b), if the intestate estate passes to both the decedent's surviving spouse and to other heirs, then any nonprobate transfer, as defined in Section 75-2-206, received by the surviving spouse is added to the probate estate in calculating the intestate heirs' shares and is conclusively treated as an advancement under Section 75-2-109 in determining the spouse's share.\", \"slug\": \"s19-ut-spouse\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter2/C75-2-P1_1800010118000101.pdf\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-01-23\", \"publisher\": \"Utah Legislature\", \"quote\": \"(1) In this section: (a) \\\"CPI\\\" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI- U), U.S. City Average, reported by the Bureau of Labor Statistics, United States Department of Labor or its successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index adopted by the Administrative Office of the Courts. (b) \\\"Reference base index\\\" means the CPI for calendar year 2009. (2) The dollar amounts stated in Subsection 75-2-202(2) and Sections 75-2-102, 75-2-402, 75-2-403, and 75-2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2011, these dollar amounts shall be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of Section 75-2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index shall be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported. (3) Before February 1, 2011, and before February 1 of each succeeding year, the Administrative Office of the Courts shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011, of each dollar amount as increased or decreased under this section.\", \"slug\": \"s19-ut-indexing\", \"url\": \"https://le.utah.gov/xcode/Title75/Chapter1/C75-1-S110_1800010118000101.pdf\"}]", "state": "Utah" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "14 V.S.A. § 311", "code": "VT", "complete": true, "conditions": "The civil union statute includes parties in the term spouse and expressly includes intestate succession.", "fact_slugs": "s19-vt-spouse; s19-vt-civil-union", "next_check_on": "2027-10-23", "official_url": "https://legislature.vermont.gov/statutes/section/14/042/00311", "passage_id": "vt-spouse", "quote": "After payment of the debts, funeral charges, allowances to the surviving spouse and children pursuant to sections 316 and 317 of this title, and expenses of administration, the intestate share of the decedent’s surviving spouse is as follows: (1) The surviving spouse shall receive the entire intestate estate if no descendant of the decedent survives the decedent or if all of the decedent’s surviving descendants are also descendants of the surviving spouse. (2) In the event there shall survive the decedent one or more descendants of the decedent who are not descendants of the surviving spouse and are not excluded by the decedent’s will from inheriting from the decedent, the surviving spouse shall receive one-half of the intestate estate.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Vermont General Assembly\", \"quote\": \"After payment of the debts, funeral charges, allowances to the surviving spouse and children pursuant to sections 316 and 317 of this title, and expenses of administration, the intestate share of the decedent’s surviving spouse is as follows: (1) The surviving spouse shall receive the entire intestate estate if no descendant of the decedent survives the decedent or if all of the decedent’s surviving descendants are also descendants of the surviving spouse. (2) In the event there shall survive the decedent one or more descendants of the decedent who are not descendants of the surviving spouse and are not excluded by the decedent’s will from inheriting from the decedent, the surviving spouse shall receive one-half of the intestate estate.\", \"slug\": \"s19-vt-spouse\", \"url\": \"https://legislature.vermont.gov/statutes/section/14/042/00311\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Vermont General Assembly\", \"quote\": \"(a) Parties to a civil union shall have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a civil marriage. (b) A party to a civil union shall be included in any definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” and other terms that denote the spousal relationship, as those terms are used throughout the law. (c) Parties to a civil union shall be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons. (d) The law of domestic relations, including annulment, separation, and divorce; child custody and support; and property division and maintenance shall apply to parties to a civil union. (e) The following is a nonexclusive list of legal benefits, protections, and responsibilities of spouses, which shall apply in like manner to parties to a civil union: (1) laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety (parties to a civil union meet the common law unity of person qualification for purposes of a tenancy by the entirety);\", \"slug\": \"s19-vt-civil-union\", \"url\": \"https://legislature.vermont.gov/statutes/section/15/023/01204\"}]", "state": "Vermont" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "14 V.S.A. § 314", "code": "VT", "complete": true, "conditions": "The civil union statute includes parties in the term spouse and expressly includes intestate succession.", "fact_slugs": "s19-vt-relatives; s19-vt-civil-union", "next_check_on": "2027-10-23", "official_url": "https://legislature.vermont.gov/statutes/section/14/042/00314", "passage_id": "vt-relatives", "quote": "(a) The balance of the intestate estate not passing to the decedent’s surviving spouse under section 311 of this title passes to the decedent’s descendants by right of representation. (b) If there is no taker under subsection (a) of this section, the intestate estate passes in the following order: (1) to the decedent’s parents equally if both survive or to the surviving parent; (2) to the decedent’s siblings and the descendants of any deceased siblings by right of representation; (3) one-half of the intestate estate to the decedent’s paternal grandparents equally if they both survive or to the surviving paternal grandparent and one-half of the intestate estate to the decedent’s maternal grandparents equally if they both survive or to the surviving maternal grandparent and if decedent is survived by a grandparent, or grandparents on only one side, to that grandparent or those grandparents; (4) in equal shares to the next of kin in equal degree. (c) If property passes under this section by right of representation, the property shall be divided into as many equal shares as there are children or siblings of the decedent, as the case may be, who either survive the decedent or who predecease the decedent leaving surviving descendants.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Vermont General Assembly\", \"quote\": \"(a) The balance of the intestate estate not passing to the decedent’s surviving spouse under section 311 of this title passes to the decedent’s descendants by right of representation. (b) If there is no taker under subsection (a) of this section, the intestate estate passes in the following order: (1) to the decedent’s parents equally if both survive or to the surviving parent; (2) to the decedent’s siblings and the descendants of any deceased siblings by right of representation; (3) one-half of the intestate estate to the decedent’s paternal grandparents equally if they both survive or to the surviving paternal grandparent and one-half of the intestate estate to the decedent’s maternal grandparents equally if they both survive or to the surviving maternal grandparent and if decedent is survived by a grandparent, or grandparents on only one side, to that grandparent or those grandparents; (4) in equal shares to the next of kin in equal degree. (c) If property passes under this section by right of representation, the property shall be divided into as many equal shares as there are children or siblings of the decedent, as the case may be, who either survive the decedent or who predecease the decedent leaving surviving descendants.\", \"slug\": \"s19-vt-relatives\", \"url\": \"https://legislature.vermont.gov/statutes/section/14/042/00314\"}, {\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Vermont General Assembly\", \"quote\": \"(a) Parties to a civil union shall have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a civil marriage. (b) A party to a civil union shall be included in any definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” and other terms that denote the spousal relationship, as those terms are used throughout the law. (c) Parties to a civil union shall be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons. (d) The law of domestic relations, including annulment, separation, and divorce; child custody and support; and property division and maintenance shall apply to parties to a civil union. (e) The following is a nonexclusive list of legal benefits, protections, and responsibilities of spouses, which shall apply in like manner to parties to a civil union: (1) laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety (parties to a civil union meet the common law unity of person qualification for purposes of a tenancy by the entirety);\", \"slug\": \"s19-vt-civil-union\", \"url\": \"https://legislature.vermont.gov/statutes/section/15/023/01204\"}]", "state": "Vermont" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "15 V.S.A. § 1204(a), (b), (e)(1)", "code": "VT", "complete": true, "conditions": "The civil union statute includes parties in the term spouse and expressly includes intestate succession.", "fact_slugs": "s19-vt-civil-union", "next_check_on": "2027-10-23", "official_url": "https://legislature.vermont.gov/statutes/section/15/023/01204", "passage_id": "vt-civil-union", "quote": "(a) Parties to a civil union shall have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a civil marriage. (b) A party to a civil union shall be included in any definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” and other terms that denote the spousal relationship, as those terms are used throughout the law. (c) Parties to a civil union shall be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons. (d) The law of domestic relations, including annulment, separation, and divorce; child custody and support; and property division and maintenance shall apply to parties to a civil union. (e) The following is a nonexclusive list of legal benefits, protections, and responsibilities of spouses, which shall apply in like manner to parties to a civil union: (1) laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety (parties to a civil union meet the common law unity of person qualification for purposes of a tenancy by the entirety);", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Vermont General Assembly\", \"quote\": \"(a) Parties to a civil union shall have all the same benefits, protections, and responsibilities under law, whether they derive from statute, administrative or court rule, policy, common law, or any other source of civil law, as are granted to spouses in a civil marriage. (b) A party to a civil union shall be included in any definition or use of the terms “spouse,” “family,” “immediate family,” “dependent,” “next of kin,” and other terms that denote the spousal relationship, as those terms are used throughout the law. (c) Parties to a civil union shall be responsible for the support of one another to the same degree and in the same manner as prescribed under law for married persons. (d) The law of domestic relations, including annulment, separation, and divorce; child custody and support; and property division and maintenance shall apply to parties to a civil union. (e) The following is a nonexclusive list of legal benefits, protections, and responsibilities of spouses, which shall apply in like manner to parties to a civil union: (1) laws relating to title, tenure, descent and distribution, intestate succession, waiver of will, survivorship, or other incidents of the acquisition, ownership, or transfer, inter vivos or at death, of real or personal property, including eligibility to hold real and personal property as tenants by the entirety (parties to a civil union meet the common law unity of person qualification for purposes of a tenancy by the entirety);\", \"slug\": \"s19-vt-civil-union\", \"url\": \"https://legislature.vermont.gov/statutes/section/15/023/01204\"}]", "state": "Vermont" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Va. Code § 64.2-200", "code": "VA", "complete": true, "conditions": "", "fact_slugs": "s19-va-real-estate", "next_check_on": "2027-10-23", "official_url": "https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/", "passage_id": "va-real-estate", "quote": "A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course: 1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse. 2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants. 3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent. 4. If there is none of the foregoing, then to the decedent's siblings, and their descendants. 5. If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent's parents and one-half descends and passes to the kindred of the other of the decedent's parents in the following course: a. To the decedent's grandparents, or to the surviving grandparent. b. If there is none of the foregoing, then to the decedent's uncles and aunts, and their descendants. c. If there is none of the foregoing, then to the decedent's great-grandparents. d. If there is none of the foregoing, then to the siblings of the decedent's grandparents, and their descendants. e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors. B. If there are no surviving kindred of one of the decedent's parents, the whole estate descends and passes to the surviving kindred of the other of the decedent's parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent's most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse's death, as if such spouse had died intestate and entitled to the estate. C. If there is no other heir of a decedent's real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Virginia General Assembly\", \"quote\": \"A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course: 1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse. 2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants. 3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent. 4. If there is none of the foregoing, then to the decedent's siblings, and their descendants. 5. If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent's parents and one-half descends and passes to the kindred of the other of the decedent's parents in the following course: a. To the decedent's grandparents, or to the surviving grandparent. b. If there is none of the foregoing, then to the decedent's uncles and aunts, and their descendants. c. If there is none of the foregoing, then to the decedent's great-grandparents. d. If there is none of the foregoing, then to the siblings of the decedent's grandparents, and their descendants. e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors. B. If there are no surviving kindred of one of the decedent's parents, the whole estate descends and passes to the surviving kindred of the other of the decedent's parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent's most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse's death, as if such spouse had died intestate and entitled to the estate. C. If there is no other heir of a decedent's real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1.\", \"slug\": \"s19-va-real-estate\", \"url\": \"https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/\"}]", "state": "Virginia" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Va. Code § 64.2-200(A)(2)–(5)", "code": "VA", "complete": true, "conditions": "", "fact_slugs": "s19-va-real-estate", "next_check_on": "2027-10-23", "official_url": "https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/", "passage_id": "va-relatives", "quote": "A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course: 1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse. 2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants. 3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent. 4. If there is none of the foregoing, then to the decedent's siblings, and their descendants. 5. If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent's parents and one-half descends and passes to the kindred of the other of the decedent's parents in the following course: a. To the decedent's grandparents, or to the surviving grandparent. b. If there is none of the foregoing, then to the decedent's uncles and aunts, and their descendants. c. If there is none of the foregoing, then to the decedent's great-grandparents. d. If there is none of the foregoing, then to the siblings of the decedent's grandparents, and their descendants. e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors. B. If there are no surviving kindred of one of the decedent's parents, the whole estate descends and passes to the surviving kindred of the other of the decedent's parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent's most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse's death, as if such spouse had died intestate and entitled to the estate. C. If there is no other heir of a decedent's real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Virginia General Assembly\", \"quote\": \"A. The real estate of any decedent not effectively disposed of by will descends and passes by intestate succession in the following course: 1. To the surviving spouse of the decedent, unless the decedent is survived by children or their descendants, one or more of whom are not children or their descendants of the surviving spouse, in which case, two-thirds of the estate descends and passes to the decedent's children and their descendants, and one-third of the estate descends and passes to the surviving spouse. 2. If there is no surviving spouse, then the estate descends and passes to the decedent's children and their descendants. 3. If there is none of the foregoing, then to the decedent's parents, or to the surviving parent. 4. If there is none of the foregoing, then to the decedent's siblings, and their descendants. 5. If there is none of the foregoing, then one-half of the estate descends and passes to the kindred of one of the decedent's parents and one-half descends and passes to the kindred of the other of the decedent's parents in the following course: a. To the decedent's grandparents, or to the surviving grandparent. b. If there is none of the foregoing, then to the decedent's uncles and aunts, and their descendants. c. If there is none of the foregoing, then to the decedent's great-grandparents. d. If there is none of the foregoing, then to the siblings of the decedent's grandparents, and their descendants. e. And so on, in other cases, without end, passing to the nearest lineal ancestors, and the descendants of such ancestors. B. If there are no surviving kindred of one of the decedent's parents, the whole estate descends and passes to the surviving kindred of the other of the decedent's parents. If there are no kindred of either parent, the whole estate descends and passes to the kindred of the decedent's most recent spouse, if any, provided that the decedent and the spouse were married at the time of the spouse's death, as if such spouse had died intestate and entitled to the estate. C. If there is no other heir of a decedent's real estate, such real estate is subject to escheat to the Commonwealth in accordance with Chapter 24 (§ 55.1-2400 et seq.) of Title 55.1.\", \"slug\": \"s19-va-real-estate\", \"url\": \"https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-200/\"}]", "state": "Virginia" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "Va. Code § 64.2-201", "code": "VA", "complete": true, "conditions": "", "fact_slugs": "s19-va-personal-estate", "next_check_on": "2027-10-23", "official_url": "https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-201/", "passage_id": "va-personal-estate", "quote": "A. The surplus of the personal estate or any part thereof of any decedent, after payment of funeral expenses, charges of administration, and debts, and subject to the provisions of Article 2 (§ 64.2-309 et seq.) of Chapter 3, not effectively disposed of by will passes by intestate succession and is distributed to the same persons, and in the same proportions, as real estate descends pursuant to § 64.2-200 . B. If there is no other distributee of a decedent's personal estate, such personal estate shall accrue to the Commonwealth.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Virginia General Assembly\", \"quote\": \"A. The surplus of the personal estate or any part thereof of any decedent, after payment of funeral expenses, charges of administration, and debts, and subject to the provisions of Article 2 (§ 64.2-309 et seq.) of Chapter 3, not effectively disposed of by will passes by intestate succession and is distributed to the same persons, and in the same proportions, as real estate descends pursuant to § 64.2-200 . B. If there is no other distributee of a decedent's personal estate, such personal estate shall accrue to the Commonwealth.\", \"slug\": \"s19-va-personal-estate\", \"url\": \"https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-201/\"}]", "state": "Virginia" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Va. Code § 64.2-202", "code": "VA", "complete": true, "conditions": "", "fact_slugs": "s19-va-representation-half-blood", "next_check_on": "2027-10-23", "official_url": "https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-202/", "passage_id": "va-representation-half-blood", "quote": "A. A decedent's estate, or each half portion of such estate when division is required by subdivision A 5 of § 64.2-200 , shall, except when otherwise provided in subdivision A 1 of § 64.2-200 , be divided into as many equal shares as there are (i) heirs and distributees who are in the closest degree of kinship to the decedent and (ii) deceased persons, if any, in the same degree of kinship to the decedent who, if living, would have been heirs and distributees and who left descendants surviving at the time of the decedent's death. One share of the estate or half portion thereof shall descend and pass to each such heir and distributee and one share shall descend and pass per stirpes to such descendants. B. Notwithstanding the provisions of subsection A, collaterals of the half blood shall inherit only half as much as those of the whole blood.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Virginia General Assembly\", \"quote\": \"A. A decedent's estate, or each half portion of such estate when division is required by subdivision A 5 of § 64.2-200 , shall, except when otherwise provided in subdivision A 1 of § 64.2-200 , be divided into as many equal shares as there are (i) heirs and distributees who are in the closest degree of kinship to the decedent and (ii) deceased persons, if any, in the same degree of kinship to the decedent who, if living, would have been heirs and distributees and who left descendants surviving at the time of the decedent's death. One share of the estate or half portion thereof shall descend and pass to each such heir and distributee and one share shall descend and pass per stirpes to such descendants. B. Notwithstanding the provisions of subsection A, collaterals of the half blood shall inherit only half as much as those of the whole blood.\", \"slug\": \"s19-va-representation-half-blood\", \"url\": \"https://law.lis.virginia.gov/vacode/title64.2/chapter2/section64.2-202/\"}]", "state": "Virginia" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "RCW 11.04.015", "code": "WA", "complete": true, "conditions": "", "fact_slugs": "s19-wa-succession", "next_check_on": "2027-10-23", "official_url": "https://app.leg.wa.gov/RCW/default.aspx?Cite=11.04.015", "passage_id": "wa-succession", "quote": "The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed as follows: (1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share: (a) All of the decedent's share of the net community estate; and (b) One-half of the net separate estate if the intestate is survived by issue; or (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents, or by one or more of the issue of one or more of his or her parents; or (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent. (2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows: (a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation. (b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate. (c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation. (d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half. (e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Washington State Legislature\", \"quote\": \"The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed as follows: (1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share: (a) All of the decedent's share of the net community estate; and (b) One-half of the net separate estate if the intestate is survived by issue; or (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents, or by one or more of the issue of one or more of his or her parents; or (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent. (2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows: (a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation. (b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate. (c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation. (d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half. (e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.\", \"slug\": \"s19-wa-succession\", \"url\": \"https://app.leg.wa.gov/RCW/default.aspx?Cite=11.04.015\"}]", "state": "Washington" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "RCW 11.04.015(2)", "code": "WA", "complete": true, "conditions": "", "fact_slugs": "s19-wa-succession", "next_check_on": "2027-10-23", "official_url": "https://app.leg.wa.gov/RCW/default.aspx?Cite=11.04.015", "passage_id": "wa-relatives", "quote": "The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed as follows: (1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share: (a) All of the decedent's share of the net community estate; and (b) One-half of the net separate estate if the intestate is survived by issue; or (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents, or by one or more of the issue of one or more of his or her parents; or (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent. (2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows: (a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation. (b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate. (c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation. (d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half. (e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Washington State Legislature\", \"quote\": \"The net estate of a person dying intestate, or that portion thereof with respect to which the person shall have died intestate, shall descend subject to the provisions of RCW 11.04.250 and 11.02.070, and shall be distributed as follows: (1) Share of surviving spouse or state registered domestic partner. The surviving spouse or state registered domestic partner shall receive the following share: (a) All of the decedent's share of the net community estate; and (b) One-half of the net separate estate if the intestate is survived by issue; or (c) Three-quarters of the net separate estate if there is no surviving issue, but the intestate is survived by one or more of his or her parents, or by one or more of the issue of one or more of his or her parents; or (d) All of the net separate estate, if there is no surviving issue nor parent nor issue of parent. (2) Shares of others than surviving spouse or state registered domestic partner. The share of the net estate not distributable to the surviving spouse or state registered domestic partner, or the entire net estate if there is no surviving spouse or state registered domestic partner, shall descend and be distributed as follows: (a) To the issue of the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or if of unequal degree, then those of more remote degree shall take by representation. (b) If the intestate not be survived by issue, then to the parent or parents who survive the intestate. (c) If the intestate not be survived by issue or by either parent, then to those issue of the parent or parents who survive the intestate; if they are all in the same degree of kinship to the intestate, they shall take equally, or, if of unequal degree, then those of more remote degree shall take by representation. (d) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents who survive the intestate, then to the grandparent or grandparents who survive the intestate; if both maternal and paternal grandparents survive the intestate, the maternal grandparent or grandparents shall take one-half and the paternal grandparent or grandparents shall take one-half. (e) If the intestate not be survived by issue or by either parent, or by any issue of the parent or parents or by any grandparent or grandparents, then to those issue of any grandparent or grandparents who survive the intestate; taken as a group, the issue of the maternal grandparent or grandparents shall share equally with the issue of the paternal grandparent or grandparents, also taken as a group; within each such group, all members share equally if they are all in the same degree of kinship to the intestate, or, if some be of unequal degree, then those of more remote degree shall take by representation.\", \"slug\": \"s19-wa-succession\", \"url\": \"https://app.leg.wa.gov/RCW/default.aspx?Cite=11.04.015\"}]", "state": "Washington" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "RCW 11.02.070", "code": "WA", "complete": true, "conditions": "", "fact_slugs": "s19-wa-community", "next_check_on": "2027-10-23", "official_url": "https://app6.leg.wa.gov/rcw/default.aspx?cite=11.02.070", "passage_id": "wa-community", "quote": "Except as provided in RCW 41.04.273 and 11.84.025, upon the death of a decedent, a one-half share of the community property shall be confirmed to the surviving spouse or surviving domestic partner, and the other one-half share shall be subject to testamentary disposition by the decedent, or shall descend as provided in chapter 11.04 RCW. The whole of the community property shall be subject to probate administration for all purposes of this title, including the payment of obligations and debts of the community, the award in lieu of homestead, the allowance for family support, and any other matter for which the community property would be responsible or liable if the decedent were living.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Washington State Legislature\", \"quote\": \"Except as provided in RCW 41.04.273 and 11.84.025, upon the death of a decedent, a one-half share of the community property shall be confirmed to the surviving spouse or surviving domestic partner, and the other one-half share shall be subject to testamentary disposition by the decedent, or shall descend as provided in chapter 11.04 RCW. The whole of the community property shall be subject to probate administration for all purposes of this title, including the payment of obligations and debts of the community, the award in lieu of homestead, the allowance for family support, and any other matter for which the community property would be responsible or liable if the decedent were living.\", \"slug\": \"s19-wa-community\", \"url\": \"https://app6.leg.wa.gov/rcw/default.aspx?cite=11.02.070\"}]", "state": "Washington" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "RCW 26.16.220", "code": "WA", "complete": true, "conditions": "", "fact_slugs": "s19-wa-quasi-definition", "next_check_on": "2027-10-23", "official_url": "https://app6.leg.wa.gov/rcw/default.aspx?cite=26.16.220", "passage_id": "wa-quasi-definition", "quote": "(1) Unless the context clearly requires otherwise, as used in RCW 26.16.220 through 26.16.250 \"quasi-community property\" means all personal property wherever situated and all real property described in subsection (2) of this section that is not community property and that was heretofore or hereafter acquired: (a) By the decedent while domiciled elsewhere and that would have been the community property of the decedent and of the decedent's surviving spouse or surviving domestic partner had the decedent been domiciled in this state at the time of its acquisition; or (b) In derivation or in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and his or her surviving spouse or surviving domestic partner if the decedent had been domiciled in this state at the time the original property was acquired. (2) For purposes of this section, real property includes: (a) Real property situated in this state; (b) Real property situated outside this state if the law of the state where the real property is located provides that the law of the decedent's domicile at death shall govern the rights of the decedent's surviving spouse or surviving domestic partner to a share of such property; and (c) Leasehold interests in real property described in (a) or (b) of this subsection. (3) For purposes of this section, all legal presumptions and principles applicable to the proper characterization of property as community property under the laws and decisions of this state shall apply in determining whether property would have been the community property of the decedent and his or her surviving spouse or surviving domestic partner under the provisions of subsection (1) of this section.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Washington State Legislature\", \"quote\": \"(1) Unless the context clearly requires otherwise, as used in RCW 26.16.220 through 26.16.250 \\\"quasi-community property\\\" means all personal property wherever situated and all real property described in subsection (2) of this section that is not community property and that was heretofore or hereafter acquired: (a) By the decedent while domiciled elsewhere and that would have been the community property of the decedent and of the decedent's surviving spouse or surviving domestic partner had the decedent been domiciled in this state at the time of its acquisition; or (b) In derivation or in exchange for real or personal property, wherever situated, that would have been the community property of the decedent and his or her surviving spouse or surviving domestic partner if the decedent had been domiciled in this state at the time the original property was acquired. (2) For purposes of this section, real property includes: (a) Real property situated in this state; (b) Real property situated outside this state if the law of the state where the real property is located provides that the law of the decedent's domicile at death shall govern the rights of the decedent's surviving spouse or surviving domestic partner to a share of such property; and (c) Leasehold interests in real property described in (a) or (b) of this subsection. (3) For purposes of this section, all legal presumptions and principles applicable to the proper characterization of property as community property under the laws and decisions of this state shall apply in determining whether property would have been the community property of the decedent and his or her surviving spouse or surviving domestic partner under the provisions of subsection (1) of this section.\", \"slug\": \"s19-wa-quasi-definition\", \"url\": \"https://app6.leg.wa.gov/rcw/default.aspx?cite=26.16.220\"}]", "state": "Washington" }, { "category": "Community and separate property", "checked_on": "2026-10-23", "citation": "RCW 26.16.230", "code": "WA", "complete": true, "conditions": "", "fact_slugs": "s19-wa-quasi-disposition", "next_check_on": "2027-10-23", "official_url": "https://app6.leg.wa.gov/rcw/default.aspx?cite=26.16.230", "passage_id": "wa-quasi-disposition", "quote": "Upon the death of any person domiciled in this state, one-half of any quasi-community property shall belong to the surviving spouse or surviving domestic partner and the other one-half of such property shall be subject to disposition at death by the decedent, and in the absence thereof, shall descend in the manner provided for community property under chapter 11.04 RCW.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Washington State Legislature\", \"quote\": \"Upon the death of any person domiciled in this state, one-half of any quasi-community property shall belong to the surviving spouse or surviving domestic partner and the other one-half of such property shall be subject to disposition at death by the decedent, and in the absence thereof, shall descend in the manner provided for community property under chapter 11.04 RCW.\", \"slug\": \"s19-wa-quasi-disposition\", \"url\": \"https://app6.leg.wa.gov/rcw/default.aspx?cite=26.16.230\"}]", "state": "Washington" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "W. Va. Code § 42-1-3", "code": "WV", "complete": true, "conditions": "", "fact_slugs": "s19-wv-spouse", "next_check_on": "2027-10-23", "official_url": "https://code.wvlegislature.gov/42-1-3/", "passage_id": "wv-spouse", "quote": "The intestate share of a decedent's surviving spouse is: (a) The entire intestate estate if: (1) No descendant of the decedent survives the decedent; or (2) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (b) Three fifths of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (c) One half of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"West Virginia Legislature\", \"quote\": \"The intestate share of a decedent's surviving spouse is: (a) The entire intestate estate if: (1) No descendant of the decedent survives the decedent; or (2) All of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent; (b) Three fifths of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent; (c) One half of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.\", \"slug\": \"s19-wv-spouse\", \"url\": \"https://code.wvlegislature.gov/42-1-3/\"}]", "state": "West Virginia" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "W. Va. Code § 42-1-3a", "code": "WV", "complete": true, "conditions": "", "fact_slugs": "s19-wv-relatives", "next_check_on": "2027-10-23", "official_url": "https://code.wvlegislature.gov/42-1-3a/", "passage_id": "wv-relatives", "quote": "Any part of the intestate estate not passing to the decedent's surviving spouse under section three of this article, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (a) To the decedent's descendants by representation; (b) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (c) If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but, if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"West Virginia Legislature\", \"quote\": \"Any part of the intestate estate not passing to the decedent's surviving spouse under section three of this article, or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent: (a) To the decedent's descendants by representation; (b) If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; (c) If there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation; (d) If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but, if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.\", \"slug\": \"s19-wv-relatives\", \"url\": \"https://code.wvlegislature.gov/42-1-3a/\"}]", "state": "West Virginia" }, { "category": "What this statute covers", "checked_on": "2026-10-23", "citation": "W. Va. Code § 42-1-2", "code": "WV", "complete": true, "conditions": "", "fact_slugs": "s19-wv-scope", "next_check_on": "2027-10-23", "official_url": "https://code.wvlegislature.gov/42-1-2/", "passage_id": "wv-scope", "quote": "(a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his or her intestate share.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"West Virginia Legislature\", \"quote\": \"(a) Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this code, except as modified by the decedent's will. (b) A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his or her intestate share.\", \"slug\": \"s19-wv-scope\", \"url\": \"https://code.wvlegislature.gov/42-1-2/\"}]", "state": "West Virginia" }, { "category": "Surviving spouse", "checked_on": "2026-10-24", "citation": "Wis. Stat. § 852.01(1)(a)", "code": "WI", "complete": true, "conditions": "", "fact_slugs": "s19-wi-spouse", "next_check_on": "2027-01-24", "official_url": "https://docs.legis.wisconsin.gov/statutes/statutes/852/01", "passage_id": "wi-spouse", "quote": "(1) Who are heirs. Except as modified by the decedent’s will under s. 852.10 (1), any part of the net estate of a decedent that is not disposed of by will passes to the decedent’s surviving heirs as follows: (a) To the spouse or domestic partner: 1. If there are no surviving issue of the decedent, or if the surviving issue are all issue of the surviving spouse or surviving domestic partner and the decedent, the entire estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse or surviving domestic partner, one-half of decedent’s property other than the following property: a. The decedent’s interest in marital property. b. The decedent’s interest in property held equally and exclusively with the surviving spouse or surviving domestic partner as tenants in common.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Wisconsin State Legislature\", \"quote\": \"(1) Who are heirs. Except as modified by the decedent’s will under s. 852.10 (1), any part of the net estate of a decedent that is not disposed of by will passes to the decedent’s surviving heirs as follows: (a) To the spouse or domestic partner: 1. If there are no surviving issue of the decedent, or if the surviving issue are all issue of the surviving spouse or surviving domestic partner and the decedent, the entire estate. 2. If there are surviving issue one or more of whom are not issue of the surviving spouse or surviving domestic partner, one-half of decedent’s property other than the following property: a. The decedent’s interest in marital property. b. The decedent’s interest in property held equally and exclusively with the surviving spouse or surviving domestic partner as tenants in common.\", \"slug\": \"s19-wi-spouse\", \"url\": \"https://docs.legis.wisconsin.gov/statutes/statutes/852/01\"}]", "state": "Wisconsin" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-24", "citation": "Wis. Stat. § 852.01(1)(b)-(3)", "code": "WI", "complete": true, "conditions": "", "fact_slugs": "s19-wi-heirs", "next_check_on": "2027-01-24", "official_url": "https://docs.legis.wisconsin.gov/statutes/statutes/852/01", "passage_id": "wi-heirs", "quote": "(b) To the issue, per stirpes, the share of the estate not passing to the spouse or surviving domestic partner, under par. (a), or the entire estate if there is no surviving spouse or surviving domestic partner. (c) If there is no surviving spouse, surviving domestic partner, or issue, to the parents. (d) If there is no surviving spouse, surviving domestic partner, issue, or parent, to the brothers and sisters and the issue of any deceased brother or sister per stirpes. (f) If there is no surviving spouse, surviving domestic partner, issue, parent, or issue of a parent, to the grandparents and their issue as follows: 1. One-half to the maternal grandparents equally if both survive, or to the surviving maternal grandparent; if both maternal grandparents are deceased, to the issue of the maternal grandparents or either of them, per stirpes. 2. One-half to the paternal relations in the same manner as to the maternal relations under subd. 1. 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent’s relatives on the other side. (2) Survivorship requirement. Survivorship under sub. (1) is determined as provided in s. 854.03. (2m) Heir who kills decedent. If a person under sub. (1) killed the decedent, the inheritance rights of that person are governed by s. 854.14. (3) Escheat. If there are no heirs of the decedent under subs. (1) and (2), the net estate escheats to the state to be added to the capital of the school fund.", "source_provenance_json": "[{\"checked_on\": \"2026-10-24\", \"next_check_on\": \"2027-01-24\", \"publisher\": \"Wisconsin State Legislature\", \"quote\": \"(b) To the issue, per stirpes, the share of the estate not passing to the spouse or surviving domestic partner, under par. (a), or the entire estate if there is no surviving spouse or surviving domestic partner. (c) If there is no surviving spouse, surviving domestic partner, or issue, to the parents. (d) If there is no surviving spouse, surviving domestic partner, issue, or parent, to the brothers and sisters and the issue of any deceased brother or sister per stirpes. (f) If there is no surviving spouse, surviving domestic partner, issue, parent, or issue of a parent, to the grandparents and their issue as follows: 1. One-half to the maternal grandparents equally if both survive, or to the surviving maternal grandparent; if both maternal grandparents are deceased, to the issue of the maternal grandparents or either of them, per stirpes. 2. One-half to the paternal relations in the same manner as to the maternal relations under subd. 1. 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent’s relatives on the other side. (2) Survivorship requirement. Survivorship under sub. (1) is determined as provided in s. 854.03. (2m) Heir who kills decedent. If a person under sub. (1) killed the decedent, the inheritance rights of that person are governed by s. 854.14. (3) Escheat. If there are no heirs of the decedent under subs. (1) and (2), the net estate escheats to the state to be added to the capital of the school fund.\", \"slug\": \"s19-wi-heirs\", \"url\": \"https://docs.legis.wisconsin.gov/statutes/statutes/852/01\"}]", "state": "Wisconsin" }, { "category": "Surviving spouse", "checked_on": "2026-10-23", "citation": "Wyo. Stat. § 2-4-101", "code": "WY", "complete": true, "conditions": "", "fact_slugs": "s19-wy-succession", "next_check_on": "2027-10-23", "official_url": "https://wyoleg.gov/statutes/compress/title02.pdf", "passage_id": "wy-succession", "quote": "(a) Whenever any person having title to any real or personal property having the nature or legal character of real estate or personal estate undisposed of, and not otherwise limited by marriage settlement, dies intestate, the estate shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner: (i) If the intestate leaves husband or wife and children, or the descendents of any children surviving, one-half (1/2) of the estate shall descend to the surviving husband or wife, and the residue thereof to the surviving children and descendents of children, as hereinafter limited; (ii) If the intestate leaves husband or wife and no child nor descendents of any child, then the real and personal estate of the intestate shall descend and vest in the surviving husband or wife. (A) Repealed by Laws 1985, ch. 135, § 2. (B) Repealed by Laws 1985, ch. 135, § 2. (iii) Repealed by Laws 1985, ch. 135, § 2. (b) Dower and the tenancy by the curtesy are abolished and neither husband nor wife shall have any share in the estate of the other dying intestate, save as herein provided. (c) Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows: (i) To his children surviving, and the descendents of his children who are dead, the descendents collectively taking the share which their parents would have taken if living; (ii) If there are no children, nor their descendents, then to his father, mother, brothers and sisters, and to the descendents of brothers and sisters who are dead, the descendents collectively taking the share which their parents would have taken if living, in equal parts; (iii) If there are no children nor their descendents, nor father, mother, brothers, sisters, nor descendents of deceased brothers and sisters, nor husband nor wife, living, then to the grandfather, grandmother, uncles, aunts and their descendents, the descendents taking collectively, the share of their immediate ancestors, in equal parts.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Wyoming Legislature\", \"quote\": \"(a) Whenever any person having title to any real or personal property having the nature or legal character of real estate or personal estate undisposed of, and not otherwise limited by marriage settlement, dies intestate, the estate shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner: (i) If the intestate leaves husband or wife and children, or the descendents of any children surviving, one-half (1/2) of the estate shall descend to the surviving husband or wife, and the residue thereof to the surviving children and descendents of children, as hereinafter limited; (ii) If the intestate leaves husband or wife and no child nor descendents of any child, then the real and personal estate of the intestate shall descend and vest in the surviving husband or wife. (A) Repealed by Laws 1985, ch. 135, § 2. (B) Repealed by Laws 1985, ch. 135, § 2. (iii) Repealed by Laws 1985, ch. 135, § 2. (b) Dower and the tenancy by the curtesy are abolished and neither husband nor wife shall have any share in the estate of the other dying intestate, save as herein provided. (c) Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows: (i) To his children surviving, and the descendents of his children who are dead, the descendents collectively taking the share which their parents would have taken if living; (ii) If there are no children, nor their descendents, then to his father, mother, brothers and sisters, and to the descendents of brothers and sisters who are dead, the descendents collectively taking the share which their parents would have taken if living, in equal parts; (iii) If there are no children nor their descendents, nor father, mother, brothers, sisters, nor descendents of deceased brothers and sisters, nor husband nor wife, living, then to the grandfather, grandmother, uncles, aunts and their descendents, the descendents taking collectively, the share of their immediate ancestors, in equal parts.\", \"slug\": \"s19-wy-succession\", \"url\": \"https://wyoleg.gov/statutes/compress/title02.pdf\"}]", "state": "Wyoming" }, { "category": "Other heirs and remaining property", "checked_on": "2026-10-23", "citation": "Wyo. Stat. § 2-4-101(c)", "code": "WY", "complete": true, "conditions": "", "fact_slugs": "s19-wy-succession", "next_check_on": "2027-10-23", "official_url": "https://wyoleg.gov/statutes/compress/title02.pdf", "passage_id": "wy-relatives", "quote": "(a) Whenever any person having title to any real or personal property having the nature or legal character of real estate or personal estate undisposed of, and not otherwise limited by marriage settlement, dies intestate, the estate shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner: (i) If the intestate leaves husband or wife and children, or the descendents of any children surviving, one-half (1/2) of the estate shall descend to the surviving husband or wife, and the residue thereof to the surviving children and descendents of children, as hereinafter limited; (ii) If the intestate leaves husband or wife and no child nor descendents of any child, then the real and personal estate of the intestate shall descend and vest in the surviving husband or wife. (A) Repealed by Laws 1985, ch. 135, § 2. (B) Repealed by Laws 1985, ch. 135, § 2. (iii) Repealed by Laws 1985, ch. 135, § 2. (b) Dower and the tenancy by the curtesy are abolished and neither husband nor wife shall have any share in the estate of the other dying intestate, save as herein provided. (c) Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows: (i) To his children surviving, and the descendents of his children who are dead, the descendents collectively taking the share which their parents would have taken if living; (ii) If there are no children, nor their descendents, then to his father, mother, brothers and sisters, and to the descendents of brothers and sisters who are dead, the descendents collectively taking the share which their parents would have taken if living, in equal parts; (iii) If there are no children nor their descendents, nor father, mother, brothers, sisters, nor descendents of deceased brothers and sisters, nor husband nor wife, living, then to the grandfather, grandmother, uncles, aunts and their descendents, the descendents taking collectively, the share of their immediate ancestors, in equal parts.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Wyoming Legislature\", \"quote\": \"(a) Whenever any person having title to any real or personal property having the nature or legal character of real estate or personal estate undisposed of, and not otherwise limited by marriage settlement, dies intestate, the estate shall descend and be distributed in parcenary to his kindred, male and female, subject to the payment of his debts, in the following course and manner: (i) If the intestate leaves husband or wife and children, or the descendents of any children surviving, one-half (1/2) of the estate shall descend to the surviving husband or wife, and the residue thereof to the surviving children and descendents of children, as hereinafter limited; (ii) If the intestate leaves husband or wife and no child nor descendents of any child, then the real and personal estate of the intestate shall descend and vest in the surviving husband or wife. (A) Repealed by Laws 1985, ch. 135, § 2. (B) Repealed by Laws 1985, ch. 135, § 2. (iii) Repealed by Laws 1985, ch. 135, § 2. (b) Dower and the tenancy by the curtesy are abolished and neither husband nor wife shall have any share in the estate of the other dying intestate, save as herein provided. (c) Except in cases above enumerated, the estate of any intestate shall descend and be distributed as follows: (i) To his children surviving, and the descendents of his children who are dead, the descendents collectively taking the share which their parents would have taken if living; (ii) If there are no children, nor their descendents, then to his father, mother, brothers and sisters, and to the descendents of brothers and sisters who are dead, the descendents collectively taking the share which their parents would have taken if living, in equal parts; (iii) If there are no children nor their descendents, nor father, mother, brothers, sisters, nor descendents of deceased brothers and sisters, nor husband nor wife, living, then to the grandfather, grandmother, uncles, aunts and their descendents, the descendents taking collectively, the share of their immediate ancestors, in equal parts.\", \"slug\": \"s19-wy-succession\", \"url\": \"https://wyoleg.gov/statutes/compress/title02.pdf\"}]", "state": "Wyoming" }, { "category": "Other conditions to read", "checked_on": "2026-10-23", "citation": "Wyo. Stat. § 2-4-104", "code": "WY", "complete": true, "conditions": "", "fact_slugs": "s19-wy-half-step-foster", "next_check_on": "2027-10-23", "official_url": "https://wyoleg.gov/statutes/compress/title02.pdf", "passage_id": "wy-half-step-foster", "quote": "Persons of the half-blood inherit the same share they would inherit if they were of the whole blood, but stepchildren and foster children and their descendents do not inherit.", "source_provenance_json": "[{\"checked_on\": \"2026-10-23\", \"next_check_on\": \"2027-10-23\", \"publisher\": \"Wyoming Legislature\", \"quote\": \"Persons of the half-blood inherit the same share they would inherit if they were of the whole blood, but stepchildren and foster children and their descendents do not inherit.\", \"slug\": \"s19-wy-half-step-foster\", \"url\": \"https://wyoleg.gov/statutes/compress/title02.pdf\"}]", "state": "Wyoming" } ], "updated": "2026-10-24" }