General Principles of Intestate Succession

While specifics differ, most states follow a similar order of inheritance:

1. Surviving Spouse: Typically inherits the largest portion, especially if there are no children.
2. Children and Descendants: Share the estate if there's no surviving spouse or inherit alongside the spouse.
3. Parents and Siblings: Inherit if there are no surviving spouse or descendants.
4. Extended Relatives: Such as grandparents, aunts, uncles, and cousins, may inherit in the absence of closer relatives.
5. Escheat to the State: If no legal heirs are found, the estate may revert to the state.

It's important to note that certain assets, like life insurance proceeds, retirement accounts, and jointly owned property, typically bypass intestate succession laws and go directly to named beneficiaries or co-owners.

State-Specific Variations

Each state has its own statutes detailing intestate succession. For comprehensive information tailored to each state, you can refer to resources like:

These resources provide detailed breakdowns of how different states handle intestate succession, including specific shares allocated to various relatives.

Uniform Probate Code (UPC)

To promote consistency, the Uniform Probate Code was developed and has been adopted in whole or in part by several states. However, even among these states, variations exist, so it's crucial to consult the specific laws of the state in question.

You can also use the link below to explore intestacy laws by state: