§PlainStatute

Family & Estate · Intestate Succession

Intestate Succession by State

Who inherits, and how much, when a person dies without a will, for each state, broken down by family situation. Cited to the statute.

6 of 50 states published. 3 verified against the official statute, the rest drafted from corroborating sources while the official portal is confirmed.2 of these are community-property states, where the surviving spouse already owns half the marital estate, which changes the math.

Read this first: it depends on the family

There is no single answer to who inherits without a will. The split depends on who survives, a spouse, children, parents, and whether any children are from another relationship. So each state page is built around scenarios rather than one number. A surviving spouse with no children usually takes the whole estate; add children and the spouse shares.

The details differ sharply. New York gives the spouse the first $50,000 plus half; Pennsylvania the first $30,000 plus half, unless a child is from another relationship; Illinois splits it cleanly in half. California and Texas are community-property states, where the spouse already owns half the marital estate. All of this is only a default that a valid will replaces completely.

Pick your state

The spouse-and-children share, the property system, and the statute on each card.

C

CA
California
Spouse keeps community property
Community property
Spouse, no kidsUsually all
SystemCommunity
Statute§6401, §6402

F

FL
Florida
Spouse all, or half with stepchildren
Common-law state
Spouse, no kidsUsually all
SystemCommon law
Statute§732.102, §732.103

I

IL
IllinoisDraft
Spouse half, children half
Common-law state
Spouse, no kidsUsually all
SystemCommon law
Statute755 ILCS 5/2-1

N

NY
New York
Spouse: first $50,000 + half
Common-law state
Spouse, no kidsUsually all
SystemCommon law
Statute§4-1.1

P

PA
PennsylvaniaDraft
Spouse: first $30,000 + half
Common-law state
Spouse, no kidsUsually all
SystemCommon law
Statute§2102, §2103

T

TX
TexasDraft
Spouse keeps shared community
Community property
Spouse, no kidsUsually all
SystemCommunity
Statute§201.001–§201.003

What these pages are, and what they aren't

Each state page is a reference for the intestacy shares by family situation. They are deliberately not advice for your estate: adoptions, half-relatives, and prior wills change the answer, so each page links to the statute and a court or legal-aid resource. This is legal information, not legal advice.