{"id":287099,"date":"2016-04-04T11:02:23","date_gmt":"2016-04-04T16:02:23","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/wills\/inheritance-law-and-your-rights.html"},"modified":"2025-03-31T12:51:13","modified_gmt":"2025-03-31T17:51:13","slug":"inheritance-law-and-your-rights","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/wills\/inheritance-law-and-your-rights.html","title":{"rendered":"Inheritance Law and Your Rights"},"content":{"rendered":"\n
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Inheritance Law and Your Rights<\/h1>\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

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State intestacy laws<\/a> define the rights of inheritance if there is no valid will. But some state laws may give a decedent’s<\/a> closest relatives \u2014 such as a surviving spouse, children, and even grandchildren \u2014 a legal right to claim an inheritance<\/a>. This right may apply even if these heirs were not named in the last will and testament.<\/p>\n\n <\/div>\n\n

This article explains the inheritance rights of family members and loved ones: surviving spouses, ex-spouses, children, and grandchildren. State laws vary. Talk with an estate planning attorney in your state<\/a> to understand how state inheritance laws may affect your estate plan. This is especially important if you choose to exclude a family member from your will or trust.<\/p>\n

Inheritance Rights of a Surviving Spouse<\/h2>\n

A spouse’s rights to inherit their deceased spouse’s estate depend on what was written in the will, whether they live in a \u201ccommunity property" or \u201ccommon-law" state, and whether they are willing to press for their rights in probate court.<\/p>\n

Inheritance Law in Community Property States<\/h3>\n

The following are community property<\/a> states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.<\/p>\n

In Alaska, spouses can enter into a community property arrangement by written agreement. In Kentucky, South Dakota, and Tennessee, couples can choose to transfer assets to a community property trust. In California, Nevada, and Washington, registered domestic partners also have inheritance rights under community property law.<\/p>\n

What Is Community Property?<\/h3>\r\n

In a community property state, assets acquired by either spouse during the marriage are considered to be jointly owned by both spouses. Each spouse owns a 50% interest in the property. Marital assets include income received by either party from work, bank accounts opened during the marriage, proceeds from life insurance policies, and property bought during the marriage with income from employment. It may even include separate property that a spouse brought into the marriage if it was converted for use by both spouses.<\/p>\r\n

Spouses have a right to dispose of their share of community property in whatever way they desire (unless a provision in a prenuptial agreement states otherwise). For example, a deceased spouse can leave half of the family home to a different beneficiary other than the surviving spouse. However, the deceased spouse can’t give away the other spouse’s share or right to use community property.<\/p>\r\n

What Is Not Community Property?<\/h3>\r\n

Even in a community property state, a spouse may own some property as separate property if:<\/p>\r\n