Intestate Succession Laws by State
Created by FindLaw's team of legal writers and editors | Last updated August 14, 2017
Every state, and the District of Columbia, has its own laws that determine who inherits property when someone dies without a will. While you may assume it's a simple process, there are certain legal terms and specific rules on intestate succession that you should understand. Read on to learn about intestate succession laws by state.
What Is Intestate Succession?
When a person dies without a valid will, his or her estate passes to heirs or certain classes of family members by intestate succession, as prescribed in individual state laws. The purpose of intestate succession statutes is to distribute the decedent's property in an organized and methodical way. States have their own laws that determine how the property will be distributed.
Who Gets the Property by Intestate Succession?
Generally, heirs are grouped in classes, which are created to determine the order of whom the property will transfer to and the share of property among individual heir. The share of the property depends on who survives the decedent. For example, in most states, if a person dies with no surviving spouse but with three children, the children will take the entire estate. But, if the person dies with a surviving spouse and three children, the surviving spouse may take half of the entire estate and the other half to three children. The classes of heirs include the following:
- The decedent's surviving spouse
- Descendants (children, grandchildren, and so on)
- Parents
- Descendants of decedent's parents (siblings, nieces, and nephews)
- Descendants of grandparents (aunts and uncles)
If none of the individuals above exist, the property may escheat to the state.
Property and Assets Pass by Intestate Succession
It's important to note that not all types of property pass by intestate succession. Property that you own alone in your name that would have passed through a will affects intestate succession. However, certain types of property are not considered to be part of the decedent's estate for purposes of intestate succession laws, such as: property held in a living trust, life insurance proceeds, payable-on-death (POD) bank account, and any property held in joint tenancy with right of survivorship. Be sure to check your state's intestate succession laws because different states have different list of property and assets that can pass by intestate succession.
State Laws on Intestate Succession
All 50 states and the District of Columbia have their own laws on estates and probate, which include intestate succession. Here's a list of links and citations to intestate succession laws for individual states and the District of Columbia.
State |
Citation & Link |
Title & Description |
Alabama |
AL CODE §§ 43-8-40 to 43-8-58 |
Alabama Code Title 43, Chapter 8 (Probate Code), Article 3 (Intestate Succession) |
Alaska |
AK ST §§ 13.12.101 to 13.12.114 |
Alaska Statutes Title 13, Chapter 12, Article 1 (Intestate Succession) |
Arizona |
Arizona Revised Statutes Title 14, Chapter 2, Article 1 (Intestate Succession) |
|
Arkansas |
Arkansas Code Title 28, Subtitle 2, Chapter 9 (Intestate Succession), Subchapter 2 (Arkansas Inheritance Code of 1969) |
|
California |
California Probate Code, Division 6 (Wills and Intestate Succession), Part 2 (Intestate Succession) |
|
Colorado |
CO REV ST §§ 15-11-101 to 15-11-122 |
Colorado Revised Statutes Title 15, Article 11, Part 1 (Intestate Succession) |
Connecticut |
Connecticut General Statutes Title 45A, Chapter 802B (Decedents' Estates) |
|
Delaware |
DE CODE Tit 12 §§ 501 to 511 |
Delaware Code Title 12, Part III, Chapter 5 (Intestate Succession) |
District of Columbia |
DC CODE §§ 19-301 to 19-322 |
District of Columbia Code Division III, Title 19, Chapter 3 (Intestates' Estates) |
Florida |
Florida Statutes Title XLII, Chapter 732, Part I (Intestate Succession) |
|
Georgia |
GA CODE §§ 53-2-1 to 53-2-51 |
Georgia Code Title 53, Chapter 2 (Descent and Distribution) |
Hawaii |
HI REV ST §§ 560:2-101 to 560:2-114 |
Hawaii Revised Statutes Division 3, Title 30A, Chapter 560, Article II, Part I (Intestate Succession) |
Idaho |
Idaho Statutes Title 15, Chapter 2, Part 1 (Intestate Succession) |
|
Illinois |
IL ST CH 755 §§ 5/2-1 to 5/2-9 |
Illinois Statutes Chapter 755, Act 5, Article II (Descent and Distribution) |
Indiana |
IN CODE §§ 29-1-2-0.1 to 29-1-2-15 |
Indiana Code Title 29, Article 1, Chapter 2 (Intestate Succession and Rights of Certain Interested Persons) |
Iowa |
IA CODE §§ 633.210 to 633.231 |
Iowa Code Title XV, Subtitle 4, Chapter 633, Division IV (Intestate Succession) |
Kansas |
Kansas Statutes Chapter 59, Article 5 (Intestate Succession) |
|
Kentucky |
Kentucky Revised Statutes Title XXXIV, Chapter 391 (Descent and Distribution) |
|
Louisiana |
LA CIV CODE Tit. I, Art. 880 to 901 |
Louisiana Civil Code Book III, Title I (Successions), Chapter 2 (Intestate Succession) |
Maine |
Maine Revised Statutes Title 18-A, Article II, Part 1 (Intestate Succession) |
|
Maryland |
MD CODE, EST & TRUSTS §§ 3-101 to 3-112 |
Maryland Code, Estates and Trusts, Title 3, Subtitle 1 (Intestate Succession) |
Massachusetts |
MA GEN LAWS Ch. 190B, §§ 2-101 to 2-114 |
Massachusetts General Laws Part II, Chapter 190B, Article II, Part 1 (Intestate Succession) |
Michigan |
MI COMP LAWS §§ 700.2101 to 700.2114 |
Michigan Compiled Laws Chapter 700, Article II, Part 1 (Intestate Succession) |
Minnesota |
MN ST §§ 524.2-101 to 524.2-123 |
Minnesota Statutes Chapter 524, Article 2, Part 1 (Intestate Succession) |
Mississippi |
Mississippi Code Title 91, Chapter 1 (Descent and Distribution) |
|
Missouri |
MO REV ST §§ 474.010 to 474.155 |
Missouri Revised Statutes Title XXXI, Chapter 474 (Intestate Succession and Wills) |
Montana |
Montana Code Annotated Title 72, Chapter 11 (Intestate Succession) |
|
Nebraska |
NE REV ST §§ 30-2301 to 30-2312 |
Nebraska Revised Statutes Chapter 30, Article 23, Part 1 (Intestate Succession) |
Nevada |
NV REV ST §§ 134.005 to 134.210 |
Nevada Revised Statutes Title 12, Chapter 134 (Succession) |
New Hampshire |
New Hampshire Statutes, Title LVI, Chapter 561 (Descent, Distribution, and Advancements) |
|
New Jersey |
NJ 3B §§ 5-1 to 5-14.1 |
New Jersey Statutes Title 3B, Chapter 5, Article 1 (Intestate Succession) |
New Mexico |
New Mexico Chapter 45, Article 2, Part 1 (Intestate Succession) |
|
New York |
New York Estates, Powers, and Trusts Law Article 4, Part 1 (Rules Governing Intestate Succession) |
|
North Carolina |
North Carolina General Statutes Chapter 29 (Intestate Succession) |
|
North Dakota |
ND CENT CODE §§ 30.1-04-01 to 30.1-04-21 |
North Dakota Century Code Title 30.1, Article II, Chapter 30.1-04 (Intestate Succession) |
Ohio |
Ohio Revised Code Title XXI, Chapter 2105 (Descent and Distribution) |
|
Oklahoma |
Oklahoma Statutes Title 84, Chapter 4 (Succession) |
|
Oregon |
OR REV ST §§ 112.015 to 112.115 |
Oregon Revised Statutes Title 12, Chapter 112 (Intestate Succession and Wills) |
Pennsylvania |
Pennsylvania Statutes Title 20, Chapter 21 (Intestate Succession) |
|
Rhode Island |
Rhode Island General Laws Title 33, Chapter 1 (Rules of Descent) |
|
South Carolina |
South Carolina Code of Laws Title 62, Article 2 (Intestate Succession and Wills) |
|
South Dakota |
South Dakota Codified Laws Annotated Chapter 29A-2, Part 1 (Intestate Succession) |
|
Tennessee |
Tennessee Code Title 31, Chapter 2 (Intestate Succession) |
|
Texas |
TX EST §§ 201.001 to 201.003 |
Texas Estates Code Title 2, Subtitle E, Chapter 201, Subchapter A (Intestate Succession) |
Utah |
UT CODE §§ 75-2-101 to 75-2-114 |
Utah Code Title 75, Chapter 2, Part 1 (Intestate Succession) |
Vermont |
VT ST Tit. 14 §§ 301 to 338 |
Vermont Statutes Title 14, Part 2, Chapter 42 (Descent and Survivors' Rights) |
Virginia |
VA CODE §§ 64.2-200 to 64.2-206 |
Virginia Code Title 64.2, Subtitle II, Chapter 2 (Descent and Distribution) |
Washington |
Washington Revised Code Title 11, Chapter 11.04 (Descent and Distribution) |
|
West Virginia |
WV CODE §§ 42-1-1 to 42-1-10 |
West Virginia Code Chapter 42, Article 1 (Descent) |
Wisconsin |
Wisconsin Statutes Probate, Chapter 852 (Intestate Succession) |
|
Wyoming |
Wyoming Statutes Title 2, Chapter 4 (Intestate Succession) |
Get a Free Initial Review of Your Estate Planning Situation
When it comes to intestate succession, there are specific state laws you need to understand. If you have issues or questions regarding intestate succession or the validity of a will, contact an experienced attorney for a free case review. An experienced attorney can guide you through laws that are applicable to your situation.
Next Steps
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