{"id":287027,"date":"2017-08-14T17:06:19","date_gmt":"2017-08-14T22:06:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/planning-an-estate\/intestate-succession-laws-by-state.html"},"modified":"2025-09-04T08:35:00","modified_gmt":"2025-09-04T13:35:00","slug":"intestate-succession-laws-by-state","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/planning-an-estate\/intestate-succession-laws-by-state.html","title":{"rendered":"Intestate Succession Laws by State"},"content":{"rendered":"\n
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Intestate Succession Laws by State<\/h1>\n\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Every state and the District of Columbia has intestacy laws determining who inherits property when someone dies without a will or trust.\u00a0Intestate succession laws are similar across states, but there can also be meaningful differences. For example, intestate succession works differently with separate property versus community property and the share of the deceased person’s estate that some people have a right to inherit.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

This page describes\u00a0intestate succession<\/a>\u00a0rules and how they apply to transferring personal property. You will also find links to each state’s laws of intestate succession.<\/p>\n

What Is Intestate Succession?<\/h2>\n

The laws of intestate succession come into play when a person dies without a valid will or trust. The deceased person’s property passes to certain family members who have a right to inherit according to the laws of the state in which the decedent was domiciled at the time of death. That is, the place they called home.<\/p>\n

They may have had property in another state, but their main home is where the probate court will open a case. A probate court in any other state(s) will have authority over only the personal property in that state.<\/p>\n

Intestate succession statutes identify and prioritize heirs so that the decedent’s property can be distributed fairly, legally, and in an organized manner.<\/p>\n

Intestate Succession Does Not Apply to All Property<\/h2>\n

Not all property passes to heirs through the\u00a0probate process<\/a>. Some assets are not part of the decedent’s estate. These include:<\/p>\n