Intestate Succession: Definition, Asset Distribution, and State-by-State Intestate Succession Laws

 

Intestate succession refers to the legal process of distributing a person’s assets when they pass away without a valid will. This process is governed by state laws and ensures that the deceased’s estate is distributed to their closest relatives, typically starting with spouses and children. The rules and priority of inheritance can vary widely from one state to another, making it crucial to understand the specific laws in each jurisdiction. This article provides a comprehensive overview of intestate succession, detailing how assets are distributed and examining the variations in laws across different states.

What Is Intestate Succession?

Intestate succession is the legal process that determines how a deceased person’s assets are distributed when they die without a valid will. The distribution follows a predetermined order, usually favoring close family members such as spouses, children, and parents. This process is governed by state laws and ensures that the deceased’s estate is distributed according to legally established guidelines, rather than personal wishes.

What Are the Rules of Intestacy?

The rules of intestacy are:

1. The spouse typically inherits the largest portion or the entire estate, depending on whether the deceased had children or other close relatives.
2. When the deceased has children but no spouse, the estate is usually divided equally among the children.
3. When there is no spouse or children, the deceased’s parents are next in line to inherit.
4. When no parents are alive, the estate may pass to siblings or other close relatives like nieces and nephews.
5. When no immediate family is found, the estate may be passed to more distant relatives, such as cousins.
6. In cases where no relatives are found, the estate may escheat to the state, meaning the government claims the property.

How Does Intestate Work?

Intestate works by distributing a deceased person’s assets based on state laws when no valid will is present. The court assigns an administrator who gathers the assets, settles debts, and distributes the remaining property according to the established legal hierarchy. The spouse typically receives a portion first, followed by children, parents, or other relatives. When no relatives are found, the assets may go to the state under escheatment laws. Each state applies specific guidelines to this process, ensuring proper asset allocation.

How Is the Line of Succession for Inheritance Determined?

The line of succession for inheritance is determined based on state laws, which prioritize close family members. The hierarchy usually starts with the surviving spouse, followed by children, parents, and other relatives like siblings or extended family.

The surviving spouse typically inherits a significant portion of the estate, often the entirety if there are no children. When children are present, the spouse may share the estate with them, usually receiving a predetermined percentage, while the remaining portion is divided equally among the children.

In a community property state, the surviving spouse inherits all the community property, which includes assets acquired during the marriage. Separate property, or assets owned by the deceased before marriage, is divided according to the state’s intestacy laws. The surviving spouse may receive a portion of the separate property, while the remainder may be distributed to children or other heirs.

What Is the Order of Inheritance Without a Will?

The order of inheritance without a will, legally known as “intestate succession,” varies by jurisdiction but generally follows a structured path based on the decedent’s familial relationships. In the absence of a will, assets are typically distributed to close family members in a specific sequence set by state or local intestacy laws.

1. Spouse: If a spouse survives the decedent, they are often the first in line to inherit. The spouse’s share depends on the presence of children or other close relatives. For instance, in California, a surviving spouse may inherit the entire estate if there are no surviving descendants, parents, or siblings. If descendants exist, the spouse’s share may be divided among them.
2. Children: When there is no spouse, the children of the deceased inherit the estate. Each child typically receives an equal share. If any child has predeceased the decedent but left descendants, that share generally passes down to the deceased child’s offspring (known as “per stirpes” distribution).
3. Parents: If no spouse or children survive the decedent, the estate may go to the decedent’s parents. Both parents generally inherit equally if they are alive. When only one parent is alive, that parent receives the full inheritance.
4. Siblings: If there are no surviving spouse, children, or parents, siblings inherit the estate. If any sibling has predeceased but left descendants, those descendants typically inherit their parent’s share.
5. Extended Family: In the absence of a spouse, children, parents, or siblings, inheritance may pass to more distant relatives, such as nieces, nephews, aunts, uncles, or grandparents, based on the order of closeness defined by state law.

What Happens If Someone Dies Intestate?

When a person dies intestate, it means they left no legal will to specify how their assets should be distributed. In such cases, the estate is divided according to state intestacy laws, which determine the beneficiaries based on their relationship to the deceased.

1. Probate Court Oversight: The estate enters a legal process called probate, where a court oversees the distribution of assets. The court appoints an administrator, often a close family member, to manage and distribute the estate. This administrator functions similarly to an executor in cases with a will but follows state laws rather than the deceased’s instructions.
2. Distribution to Heirs: The administrator distributes the assets following the state’s order of inheritance. Typically, priority is given to close relatives, such as a spouse and children. If no direct family members exist, the estate may pass to more distant relatives, such as siblings, parents, or extended family.
3. Unclaimed Assets: If no legal heirs can be found, the estate may ultimately “escheat” to the state, meaning the state government claims ownership of the assets due to the lack of a designated beneficiary.
4. Potential Delays and Costs: Probate for intestate estates may take longer and incur more costs than those with a will, as the court must ensure compliance with state inheritance laws, potentially involving legal fees and court expenses.

Who Gets What in Intestacy?

Here’s a table explaining who inherits what under intestacy laws, based on different family scenarios. The table is adapted from typical intestate succession rules, such as those found in New York.

If the Decedent has…	Then
A spouse but no children or parents	The spouse inherits everything.
A spouse and children	The spouse inherits the first $50,000 plus half of the remaining assets; children share the rest equally.
Children but no spouse	The children inherit everything in equal shares.
A spouse and parents but no children	The spouse inherits the first $50,000 plus half of the remaining assets; parents inherit the rest.
Parents but no spouse or children	The parents inherit everything in equal shares.
Siblings but no spouse, children, or parents	Siblings inherit everything in equal shares.
No spouse, children, parents, or siblings	More distant relatives (like nieces, nephews, aunts, uncles) inherit based on state laws.

Who Is First in Line for Inheritance?

The line of inheritance begins with the decedent’s spouse, who is generally the primary heir under intestate succession laws. If a spouse survives the decedent, they are often first in line to inherit the estate, either in full or in part, depending on whether the decedent had children or other close relatives.

1. Spouse and Children: In cases where the decedent is survived by both a spouse and children, the spouse usually receives a specified portion of the estate first, with the remaining assets divided among the children. For example, many states provide the spouse with a set amount (such as $50,000) and a percentage of the remaining estate, while children share the rest equally.
2. Children: If the decedent leaves no surviving spouse, the children inherit everything. If any child has predeceased the decedent but left descendants, those descendants inherit that child’s share.
3. Parents: If there is no spouse or children, the decedent’s parents are next in line, inheriting the estate equally if both are alive or entirely if only one parent survives.
4. Siblings: If there are no surviving spouse, children, or parents, siblings become the primary heirs. In states like California, siblings inherit equally, or their descendants take a deceased sibling’s share.

Who Inherits When a Single Person Dies Intestate?

When a single person dies intestate, the inheritance is distributed among the closest surviving relatives according to the state’s intestacy laws. Without a spouse or children, the order of inheritance generally follows this sequence:

1. Children: If the decedent has children, they inherit the entire estate equally. If any child has predeceased the decedent, that child’s share passes to their own descendants (grandchildren of the decedent).
2. Parents: If there are no children, the decedent’s parents are next in line. Both parents typically inherit equally if alive; otherwise, the surviving parent receives the full inheritance.
3. Siblings: If the decedent has no surviving children or parents, the estate goes to siblings. If a sibling has predeceased the decedent but has descendants, those descendants inherit the sibling’s share.
4. Extended Family: If there are no immediate family members, the estate may pass to more distant relatives, such as nieces, nephews, grandparents, or aunts and uncles, depending on the state’s specific rules.

Intestate Succession by State

Each state has its own laws that determine who inherits property when someone dies intestate, without a will. These laws specify the order of inheritance among family members, with variations in priority for spouses, children, parents, and other relatives depending on the state’s specific statutes.

Intestate Succession California

How Does Intestate Succession Work in California?

In California, intestate succession laws govern how an intestate estate, or the property of someone who dies without a valid will, is distributed. California’s intestacy rules prioritize close family members, starting with the decedent’s spouse and children.

1. Community Property: California is a community property state, meaning that half of all community property (assets acquired during marriage) already belongs to the surviving spouse. The surviving spouse inherits the decedent’s share of the community property, giving them full ownership of all community assets.
2. Separate Property: For separate property (assets acquired before marriage or by gift/inheritance), the distribution depends on the presence of other relatives:

• If the decedent leaves a spouse and one child, the spouse inherits half of the separate property, while the child inherits the other half.
• If there is a spouse and two or more children, the spouse receives one-third of the separate property, with the remaining two-thirds divided equally among the children.
• If there is no spouse but surviving children, the children inherit the entire estate equally.

3. No Spouse or Children: If there is no surviving spouse or children, the intestate estate goes to the next closest relatives in the following order: parents, siblings, nieces and nephews, and then more distant relatives if necessary.

Which Assets Pass by Intestate Succession?

Assets that pass by intestate succession are those not covered by a valid will, trust, or beneficiary designation. These assets typically include:

1. Real Estate: Property solely in the deceased’s name transfers according to state intestate laws.
2. Bank Accounts: Accounts without payable-on-death (POD) beneficiaries are subject to intestate succession.
3. Personal Property: Items like vehicles, jewelry, and furniture held solely by the deceased follow intestate distribution.
4. Investment Accounts: Stocks or mutual funds without designated beneficiaries are included.
5. Retirement Accounts: If no beneficiary is named, these accounts may pass through intestate laws.

Which Assets Are Not Covered by Intestate Succession?

Assets not covered by intestate succession are those with specified beneficiaries or joint ownership arrangements, bypassing the probate process. These assets include:

1. Jointly Owned Property: Property held in joint tenancy with rights of survivorship automatically transfers to the co-owner.
2. Life Insurance Policies: Policies with named beneficiaries go directly to those individuals, bypassing intestate succession.
3. Retirement Accounts: Accounts like IRAs and 401(k)s with designated beneficiaries transfer directly to those named.
4. Transfer-on-Death (TOD) or Payable-on-Death (POD) Accounts: Bank or brokerage accounts with TOD or POD designations transfer to the named beneficiary.
5. Trust Assets: Assets placed in a trust are distributed according to the terms of the trust, not intestate laws.

California Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

The order of estate distribution under California’s intestate succession laws determines how assets are allocated when someone dies without a will. In California, intestate succession follows a specific order based on the deceased’s surviving relatives:

1. Spouse: If the deceased has a surviving spouse but no children, parents, or siblings, the spouse inherits the entire estate. If there are children, the spouse receives half of the community property and a portion of separate property.
2. Children: If the deceased has children but no spouse, the children inherit the entire estate. If there is a surviving spouse, the children and spouse divide the estate, with shares depending on the number of children.
3. Parents: If there is no surviving spouse or children, the deceased’s parents inherit the estate equally. If only one parent survives, they receive the full share.
4. Siblings: If there are no surviving spouse, children, or parents, siblings inherit the estate equally. If siblings are deceased but have children, those children (nieces and nephews of the deceased) inherit in their place.
5. Extended Relatives: If no immediate family members survive, the estate passes to more distant relatives, such as grandparents, aunts, uncles, or cousins, following California’s distribution hierarchy.

California’s intestate succession laws ensure the estate is distributed according to a strict order of inheritance. The term “Intestate Succession California chart” may be used for visual reference if a detailed distribution chart is necessary for clarity.

Will the State Get Your Property?

No. The state typically only inherits property through a process called “escheat” when there are no surviving relatives eligible under intestate succession laws. California law requires a thorough search for relatives, including distant ones, before property is transferred to the state. If no heirs are found, the state may then claim the property, but this outcome is rare.

Alabama Intestate Succession

How Does Intestate Succession Work in Alabama?

In Alabama, intestate succession determines how an intestate estate—the estate of a person who dies without a valid will—is distributed among surviving relatives. Alabama’s intestate laws prioritize close family members and follow a specific order of inheritance:

1. Spouse: The share for a surviving spouse varies based on whether the deceased had children or parents. If there are no children or parents, the spouse inherits the entire estate. If there are children, the spouse typically receives the first $50,000 of the intestate estate plus half of the remainder. When there are no children but surviving parents, the spouse receives the first $100,000 plus half of the balance.
2. Children: If the deceased leaves behind children but no spouse, the children inherit the entire intestate estate equally. If there is a spouse, the children share the remainder after the spouse’s portion.
3. Parents: If there is no spouse or children, the deceased’s parents inherit the estate equally or fully if only one parent survives.
4. Siblings: In the absence of a spouse, children, or parents, the deceased’s siblings inherit the estate in equal shares. If a sibling has passed away but has surviving children (nieces or nephews), they inherit the deceased sibling’s share.
5. Extended Relatives: If there are no immediate family members, the estate may pass to more distant relatives, such as grandparents, aunts, uncles, or cousins, based on Alabama’s distribution hierarchy.

Alabama’s intestate succession ensures property is allocated to family members in order of proximity, with the state receiving the estate only if no heirs exist.

Which Assets Pass by Intestate Succession?

Assets that pass by intestate succession are those without designated beneficiaries or joint ownership, meaning they go through probate to be distributed according to state laws. These assets include:

1. Solely Owned Real Estate: Property titled only in the deceased’s name is distributed according to intestate succession.
2. Bank Accounts without Payable-on-Death Designations: Accounts without named beneficiaries pass through intestate succession.
3. Personal Property: Items such as vehicles, jewelry, and household belongings owned solely by the deceased.
4. Investment Accounts without Designated Beneficiaries: Stocks, bonds, or mutual funds without transfer-on-death (TOD) designations.
5. Business Interests: Ownership in a sole proprietorship or partnership interests without transfer arrangements.

These assets undergo probate and are distributed to heirs based on the state’s intestate succession order.

Which Assets Are Not Covered by Intestate Succession?

Assets not covered by intestate succession have designated beneficiaries or ownership arrangements that bypass probate. These assets include:

1. Jointly Owned Property: Property held with rights of survivorship transfers automatically to the surviving owner.
2. Life Insurance Policies with Named Beneficiaries: Proceeds go directly to the named beneficiaries rather than through intestate laws.
3. Retirement Accounts with Beneficiaries: Accounts like 401(k)s and IRAs with designated beneficiaries avoid intestate distribution.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Bank or brokerage accounts with POD or TOD instructions transfer directly to named individuals.
5. Trust Assets: Assets held in a trust are distributed according to the trust terms, bypassing intestate succession.

Alabama Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Alabama, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

      1. Surviving Spouse:

If there are no surviving descendants (children, grandchildren) or parents, the spouse inherits the entire estate.

If there are surviving parents but no descendants, the spouse receives the first $100,000 of the estate plus half of the remaining balance; the parents inherit the other half.

If all surviving descendants are also descendants of the spouse, the spouse receives the first $50,000 plus half of the remaining balance; the descendants inherit the other half.

If there are surviving descendants not related to the spouse, the spouse inherits half of the estate, and the descendants inherit the other half.

       2. Descendants:

If there is no surviving spouse, the entire estate is divided equally among the descendants.

       3. Parents:

If there is no surviving spouse or descendants, the estate is divided equally between the parents.

       4. Siblings and Their Descendants:

If there are no surviving spouse, descendants, or parents, the estate is distributed equally among siblings.

If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

       5. Grandparents and Their Descendants:

If none of the above relatives survive, half of the estate goes to the paternal grandparents or their descendants, and the other half to the maternal grandparents or their descendants.

       6. Other Relatives:

If no closer relatives exist, the estate may pass to more distant relatives, such as aunts, uncles, or cousins, following Alabama’s intestate succession laws.

If no eligible relatives are found, the estate escheats to the state of Alabama.

For a visual representation, refer to the “Intestate Succession Alabama chart” provided by Caldwell Wenzel & Asthana, which outlines this distribution hierarchy.

Will the State Get Your Property?

No. The state will only inherit your property if there are no surviving relatives eligible under Alabama’s intestate succession laws. Alabama law requires that all potential heirs, even distant relatives, be sought out before property escheats to the state. This means the state only receives the property as a last resort when no family members can be located.

Alaska Intestate Succession

How Does Intestate Succession Work in Alaska?

In Alaska, intestate succession determines how an intestate estate—the estate of a person who dies without a valid will—is distributed among surviving relatives based on a priority system established by state law:

         1. Spouse:If there is a surviving spouse but no children or parents, the spouse inherits the entire estate. If there are children or parents, the spouse’s share changes:If there are children shared with the spouse, the spouse receives the first $150,000 plus half of the remaining intestate estate, with the rest going to the children.

If there are no children but surviving parents, the spouse receives the first $200,000 plus half of the remaining estate, and the parents inherit the rest.

          2. Children: If the deceased has children but no spouse, the children inherit the entire intestate estate in equal shares. When a spouse is present, they receive a portion as outlined above, with the rest shared among the children.

          3. Parents: If there is no spouse or children, the deceased’s parents inherit the entire estate equally. If only one parent survives, that parent receives the entire estate.

           4. Siblings: If there are no spouse, children, or parents, the estate passes to siblings in equal shares. If a sibling is deceased but has surviving children, these children (the deceased’s nieces and nephews) inherit in place of their parent.

           5. Extended Relatives: In the absence of closer relatives, more distant family members, such as grandparents, aunts, uncles, or cousins, inherit according to Alaska’s intestate succession laws.

Which Assets Pass by Intestate Succession?

Assets that pass by intestate succession are those that do not have designated beneficiaries or joint ownership arrangements, meaning they go through probate and are distributed according to state laws. These assets include:

1. Solely Owned Real Estate: Property owned solely by the deceased with no co-owner.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts that do not have specified beneficiaries.
3. Personal Property: Items such as vehicles, jewelry, and household goods owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds that lack transfer-on-death (TOD) designations.
5. Business Interests: Ownership stakes in sole proprietorships or partnerships without buy-sell or succession arrangements.

Which Assets Are Not Covered by Intestate Succession?

Assets not covered by intestate succession have specific beneficiary designations or ownership structures that bypass the probate process. These assets include:

1. Jointly Owned Property with Rights of Survivorship: This property automatically transfers to the surviving owner.
2. Life Insurance Policies with Named Beneficiaries: Proceeds go directly to the named beneficiaries.
3. Retirement Accounts with Designated Beneficiaries: Accounts such as IRAs or 401(k)s transfer directly to named beneficiaries.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: These accounts go directly to the designated individuals listed.
5. Trust Assets: Assets placed in a trust are distributed according to the trust terms, outside of intestate succession laws.

Alaska Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Alaska, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

        1. Surviving Spouse:

If there are no surviving descendants (children, grandchildren) or parents, the spouse inherits the entire estate.

If there are surviving parents but no descendants, the spouse receives the first $200,000 of the estate plus three-fourths of the remaining balance; the parents inherit the other one-fourth.

If all surviving descendants are also descendants of the spouse, the spouse inherits the entire estate.

If there are surviving descendants not related to the spouse, the spouse inherits the first $100,000 of the estate plus half of the remaining balance; the descendants inherit the other half.

      2. Descendants:

If there is no surviving spouse, the entire estate is divided equally among the descendants.

      3. Parents:

If there is no surviving spouse or descendants, the estate is divided equally between the parents.

       4. Siblings and Their Descendants:

If there are no surviving spouse, descendants, or parents, the estate is distributed equally among siblings.

If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

      5. Grandparents and Their Descendants:

If none of the above relatives survive, half of the estate goes to the paternal grandparents or their descendants, and the other half to the maternal grandparents or their descendants.

      6. Other Relatives:

If no closer relatives exist, the estate may pass to more distant relatives, such as aunts, uncles, or cousins, following Alaska’s intestate succession laws.

If no eligible relatives are found, the estate escheats to the state of Alaska.

For a visual representation, refer to the “Intestate Succession Alaska chart” provided by the Alaska Court System, which outlines this distribution hierarchy.

Will the State Get Your Property?

No. In Alaska, the state only inherits your property if there are no surviving relatives who qualify under intestate succession laws. Before the state claims the estate, all possible heirs, including distant relatives, are sought. The state only receives the property as a last resort when no eligible family members are located.

Arizona Intestate Succession

How Does Intestate Succession Work in Arizona?

In Arizona, intestate succession laws govern the distribution of an intestate estate—the estate of a person who dies without a valid will. Arizona law prioritizes family members in a specific order:

    1. Spouse:

If there are no surviving descendants (children, grandchildren) outside of the marriage, the spouse inherits the entire estate.

If there are descendants from a prior relationship of either the deceased or the spouse, the spouse receives half of the intestate estate, and the descendants inherit the other half.

     2. Children:

If there is no surviving spouse, the entire intestate estate is divided equally among the deceased’s children.

When there is a spouse, the children’s share depends on whether they are from the current or a prior relationship, as noted above.

     3. Parents:

If the deceased leaves no spouse or descendants, the estate passes to the surviving parent or is equally divided if both parents survive.

     4. Siblings:

If there are no spouse, children, or parents, the deceased’s siblings inherit the estate equally. If a sibling has passed away, their children (the decedent’s nieces and nephews) inherit that sibling’s share.

     5. Extended Relatives:

If no closer family members survive, the estate may pass to more distant relatives, such as grandparents, aunts, uncles, or cousins, according to Arizona’s intestate laws.

If no eligible family members are found, the intestate estate ultimately escheats, or transfers, to the state of Arizona as a last resort.

Which Assets Pass by Intestate Succession?

Assets that pass by intestate succession are those without specific beneficiary designations or joint ownership, meaning they must go through probate to be distributed according to state laws. These assets include:

1. Solely Owned Real Estate: Property held solely in the deceased’s name.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts without named beneficiaries go through intestate succession.
3. Personal Property: Items such as vehicles, furniture, and other belongings owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds that do not have transfer-on-death (TOD) instructions.
5. Business Interests: Ownership interests in sole proprietorships or partnerships without succession arrangements.

Which Assets Are Not Covered by Intestate Succession?

Assets not covered by intestate succession have designated beneficiaries or ownership arrangements that bypass the probate process. These assets include:

1. Jointly Owned Property with Rights of Survivorship: Automatically transfers to the surviving owner without probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to the named beneficiaries.
3. Retirement Accounts with Designated Beneficiaries: Accounts like IRAs and 401(k)s transfer directly to the listed beneficiaries.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: These accounts pass to the designated beneficiaries upon the owner’s death.
5. Trust Assets: Assets placed in a trust are distributed according to the trust terms, bypassing intestate succession laws.

Arizona Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Arizona, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

1. Surviving Spouse:

If there are no surviving descendants (children, grandchildren), the spouse inherits the entire estate.

If there are surviving descendants all of whom are also descendants of the surviving spouse, the spouse inherits the entire estate.

If there are surviving descendants who are not descendants of the surviving spouse, the spouse inherits half of the separate property and no interest in the decedent’s one-half of the community property; the remaining half of the separate property and the decedent’s one-half of the community property pass to the descendants.

       2. Descendants:

If there is no surviving spouse, the entire estate is divided equally among the descendants.

       3. Parents:

If there is no surviving spouse or descendants, the estate is divided equally between the parents.

       4. Siblings and Their Descendants:

If there are no surviving spouse, descendants, or parents, the estate is distributed equally among siblings.

If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

      5. Grandparents and Their Descendants:

If none of the above relatives survive, half of the estate goes to the paternal grandparents or their descendants, and the other half to the maternal grandparents or their descendants.

      6. Other Relatives:

If no closer relatives exist, the estate may pass to more distant relatives, such as aunts, uncles, or cousins, following Arizona’s intestate succession laws.

If no eligible relatives are found, the estate escheats to the state of Arizona.

For a visual representation, refer to the “Intestate Succession Arizona chart” provided by the Arizona State Legislature, which outlines this distribution hierarchy.

Will the State Get Your Property?

No. In Arizona, the state only inherits your property if there are no surviving relatives who qualify under the intestate succession laws. Before the state claims the estate, efforts are made to locate any potential heirs, even distant relatives. The property only escheats to the state as a last resort when no eligible family members can be found.

Intestate Succession Arkansas 

How Does Intestate Succession Work in Arkansas?

In Arkansas, intestate succession laws determine the distribution of an intestate estate—the estate of an individual who dies without a valid will. The order of distribution in Arkansas prioritizes close family members as follows:

1. Surviving Spouse:

If the deceased has no children or parents, the spouse inherits the entire estate.

If there are surviving children, the spouse receives one-third of the deceased’s real estate for life and one-third of the personal property outright; the remaining assets are distributed to the children.

If there are no children but surviving parents, the spouse receives one-half of the estate, and the other half goes to the parents.

      2. Children:

If there is no surviving spouse, the entire intestate estate is divided equally among the deceased’s children.

When there is a spouse, the children’s share includes two-thirds of the real estate and two-thirds of the personal property, with any remaining portions following the spouse’s share as described.

      3. Parents:

If the deceased has no spouse or children, the estate is divided equally between the surviving parents. If only one parent survives, that parent inherits the entire estate.

      4. Siblings and Their Descendants:

If no spouse, children, or parents survive, the estate is divided among siblings. If a sibling has passed away, their descendants (the deceased’s nieces and nephews) inherit their share.

      5. Extended Relatives:

If there are no closer relatives, more distant family members, such as grandparents, aunts, uncles, or cousins, may inherit according to Arkansas’s intestate succession laws.

If no eligible heirs are located, the intestate estate ultimately escheats, or reverts, to the state of Arkansas as a final measure.

Which Assets Pass by Intestate Succession?

In Arkansas, assets that pass by intestate succession are those not assigned to specific beneficiaries or joint owners, requiring distribution through probate under state laws. These assets include:

1. Solely Owned Real Estate: Property held only in the deceased’s name without joint ownership.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts that do not have designated beneficiaries pass through intestate succession.
3. Personal Property: Items such as vehicles, household goods, jewelry, and other possessions owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds without transfer-on-death (TOD) designations.
5. Business Interests: Ownership in sole proprietorships or partnerships without succession arrangements.

These assets undergo probate and are distributed according to Arkansas’s intestate succession hierarchy.

Which Assets Are Not Covered by Intestate Succession?

In Arkansas, certain assets bypass intestate succession due to specified beneficiary designations or ownership structures, allowing them to avoid probate. These assets include:

1. Jointly Owned Property with Rights of Survivorship: Automatically transfers to the surviving co-owner upon death.
2. Life Insurance Policies with Named Beneficiaries: Proceeds go directly to the designated beneficiaries, bypassing the probate process.
3. Retirement Accounts with Beneficiary Designations: Accounts like IRAs and 401(k)s transfer directly to listed beneficiaries.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: These accounts are transferred to the individuals named as beneficiaries.
5. Trust Assets: Assets held within a trust follow the terms of the trust, avoiding probate and intestate succession laws.

Arkansas Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Arkansas, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

1. Surviving Spouse:

If there are no surviving descendants (children, grandchildren), the spouse inherits the entire estate.

If there are surviving descendants, the spouse receives one-third of the personal property and a life estate in one-third of the real property; the remaining assets are distributed to the descendants.

      2. Descendants:

If there is no surviving spouse, the entire estate is divided equally among the descendants.

      3. Parents:

If there is no surviving spouse or descendants, the estate is divided equally between the parents.

      4. Siblings and Their Descendants:

If there are no surviving spouse, descendants, or parents, the estate is distributed equally among siblings.

If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

      5. Grandparents and Their Descendants:

If none of the above relatives survive, half of the estate goes to the paternal grandparents or their descendants, and the other half to the maternal grandparents or their descendants.

      6. Other Relatives:

If no closer relatives exist, the estate may pass to more distant relatives, such as aunts, uncles, or cousins, following Arkansas’s intestate succession laws.

Will the State Get Your Property?

No. In Arkansas, the state will only inherit your property if there are no surviving relatives who qualify under intestate succession laws. Arkansas law requires a search for all possible heirs, even distant relatives, before the state can claim the property. The property escheats to the state as a last resort, ensuring family members receive the estate first if they can be located.

Colorado Intestate Succession 

How Does Intestate Succession Work in Colorado Intestate Succession?

In Colorado, intestate succession determines how an intestate estate—the property of someone who dies without a valid will—is distributed. Colorado law prioritizes the deceased’s closest relatives, ensuring assets are passed down in an orderly manner under the state’s probate process.

The probate court identifies heirs starting with immediate family members, such as a surviving spouse and descendants. The share of the intestate estate a spouse or descendant receives depends on whether other family members, like parents or children from previous relationships, exist. Colorado law equally recognizes biological and legally adopted children as heirs.

If no immediate family members are identified, the court searches for extended relatives such as parents, siblings, grandparents, or other next of kin. Only when no relatives can be located does the estate escheat to the state of Colorado. This process ensures that family members are given priority in the distribution of the deceased’s assets.

Which Assets Pass by Intestate Succession?

In Colorado, assets that pass by intestate succession are those not assigned to specific beneficiaries or co-owners, requiring probate distribution under state law. These assets include:

1. Solely Owned Real Estate in Colorado: Property held exclusively in the deceased’s name without joint ownership or survivorship rights.
2. Bank Accounts Without Payable-on-Death (POD) Designations: Accounts that do not have named beneficiaries must go through probate.
3. Personal Property Located in Colorado: Items such as vehicles, furniture, jewelry, and other possessions owned solely by the deceased.
4. Investment Accounts Without Beneficiaries: Stocks, bonds, or mutual funds lacking transfer-on-death (TOD) instructions.
5. Business Interests in Colorado: Ownership stakes in Colorado-based sole proprietorships or partnerships without succession plans.

These assets are distributed in accordance with Colorado’s intestate succession laws under the supervision of the probate court.

Which Assets Are Not Covered by Intestate Succession?

In Colorado, certain assets are not covered by intestate succession because they are designed to bypass probate due to specific ownership structures or beneficiary designations. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Colorado: Automatically transfers to the surviving co-owner without going through probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to designated beneficiaries and are not subject to Colorado’s intestate succession laws.
3. Retirement Accounts with Beneficiary Designations: Accounts like IRAs and 401(k)s transfer directly to the named beneficiaries.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Colorado-based bank or brokerage accounts with these designations pass directly to the listed beneficiaries.
5. Trust Assets in Colorado: Assets held in a trust are distributed according to the trust’s terms, bypassing probate and intestate succession rules.

These assets are allocated as per the specified arrangements, ensuring they do not pass through Colorado’s intestate succession process.

Colorado Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Colorado, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

1. Surviving Spouse:

If there are no surviving descendants (children, grandchildren) or parents, the spouse inherits the entire estate.

If there are surviving parents but no descendants, the spouse receives the first $300,000 of the intestate estate, plus three-fourths of the remaining balance; the parents inherit the remaining one-fourth.

If all surviving descendants are also descendants of the surviving spouse, and the spouse has no other descendants, the spouse inherits the entire estate.

If there are surviving descendants who are not descendants of the surviving spouse, the spouse inherits the first $150,000 of the intestate estate, plus half of the remaining balance; the descendants inherit the other half.

      2. Descendants:

If there is no surviving spouse, the entire estate is divided equally among the descendants.

      3. Parents:

If there is no surviving spouse or descendants, the estate is divided equally between the parents.

      4. Siblings and Their Descendants:

If there are no surviving spouse, descendants, or parents, the estate is distributed equally among siblings.

If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

      5. Grandparents and Their Descendants:

If none of the above relatives survive, half of the estate goes to the paternal grandparents or their descendants, and the other half to the maternal grandparents or their descendants.

      6. Other Relatives:

If no closer relatives exist, the estate may pass to more distant relatives, such as aunts, uncles, or cousins, following Colorado’s intestate succession laws.

If no eligible relatives are found, the estate escheats to the state of Colorado.

For a visual representation, refer to the “Intestate Succession Colorado chart” provided by the Colorado Bar Association, which outlines this distribution hierarchy.

Will the State Get Your Property?

No. In Colorado, the state will only inherit your property if no eligible relatives can be identified under the intestate succession laws. Colorado law requires a thorough search for heirs, including distant relatives. Property escheats to the state only as a final measure when no family members can be located.

Connecticut Intestate Succession

How Does Intestate Succession Work in Connecticut?

In Connecticut, intestate succession laws determine how an intestate estate—the estate of a person who dies without a valid will—is distributed to family members based on a set hierarchy:

1. Surviving Spouse:

If there are no children or parents, the spouse inherits the entire estate.

If there are children from the marriage, the spouse inherits the first $100,000 of the intestate estate plus half of the remainder, while the children inherit the other half.

If there are children from a previous relationship of the deceased, the spouse receives half of the intestate estate, with the remaining half going to the children.

If the deceased has no children but surviving parents, the spouse receives the first $100,000 plus three-fourths of the remaining estate; the parents inherit one-fourth.

      2. Children:

If there is no surviving spouse, the entire intestate estate is divided equally among the deceased’s children. If the spouse is present, the children’s share is determined as described above.

      3. Parents:

If the deceased has no spouse or children, the entire estate goes to the surviving parents, divided equally. If only one parent survives, that parent inherits the entire estate.

      4. Siblings and Their Descendants:

If there are no surviving spouse, children, or parents, the estate is distributed equally among siblings. If a sibling has predeceased, their share passes to their descendants (nieces and nephews of the deceased).

      5. Extended Relatives:

If no closer family members are present, the estate may pass to more distant relatives, such as grandparents, aunts, uncles, or cousins, according to Connecticut’s intestate succession laws.

Which Assets Pass by Intestate Succession?

In Connecticut, assets that pass by intestate succession are those without specific beneficiary designations or joint ownership, requiring probate distribution according to state law. These assets include:

1. Solely Owned Real Estate: Property titled solely in the deceased’s name with no co-owners.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts that do not have named beneficiaries pass through intestate succession.
3. Personal Property: Items such as vehicles, jewelry, and household belongings owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds lacking transfer-on-death (TOD) instructions.
5. Business Interests: Ownership stakes in sole proprietorships or partnerships without designated succession arrangements.

Which Assets Are Not Covered by Intestate Succession?

In Connecticut, assets that are not covered by intestate succession have specific beneficiary designations or ownership arrangements that bypass probate. These assets include:

1. Jointly Owned Property with Rights of Survivorship: Automatically transfers to the surviving co-owner upon death.
2. Life Insurance Policies with Named Beneficiaries: Proceeds go directly to designated beneficiaries, bypassing probate.
3. Retirement Accounts with Beneficiary Designations: Accounts like IRAs and 401(k)s transfer directly to named beneficiaries.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Bank and brokerage accounts with these designations are transferred to the named beneficiaries.
5. Trust Assets: Assets placed in a trust are distributed according to the terms of the trust, avoiding probate and intestate succession laws.

Connecticut Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Connecticut, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

1. Surviving Spouse:

If there are no surviving descendants (children, grandchildren) or parents, the spouse inherits the entire estate.

If there are no surviving descendants but the decedent is survived by a parent or parents, the spouse receives the first $100,000 plus three-quarters of the remaining estate; the parents inherit the remaining one-quarter.

If all surviving descendants are also descendants of the surviving spouse, the spouse inherits the first $100,000 plus one-half of the remaining estate; the descendants inherit the other half.

If there are surviving descendants who are not descendants of the surviving spouse, the spouse inherits one-half of the estate; the descendants inherit the other half.

      2. Descendants:

If there is no surviving spouse, the entire estate is divided equally among the descendants.

      3. Parents:

If there is no surviving spouse or descendants, the estate is divided equally between the parents.

      4. Siblings and Their Descendants:

If there are no surviving spouse, descendants, or parents, the estate is distributed equally among siblings.

If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

      5. Next of Kin:

If none of the above relatives survive, the estate is distributed equally to the next of kin in equal degree.

      6. Stepchildren and Their Descendants:

If no next of kin exist, the estate is distributed equally to the stepchildren and those who legally represent them.

Will the State Get Your Property?

No. In Connecticut, the state will only inherit your property if there are no surviving relatives eligible under intestate succession laws. Connecticut law requires an exhaustive search for any potential heirs, including distant relatives. The property escheats to the state only as a last resort, ensuring that family members are prioritized in the estate distribution if any can be located.

Intestate Succession Delaware

How Does Intestate Succession Work in Delaware?

In Delaware, intestate succession laws govern the distribution of an intestate estate—the estate of a person who dies without a valid will. Delaware follows a specific order of inheritance based on the relationship of surviving family members:

1. Surviving Spouse:

If there are no children or parents, the spouse inherits the entire estate.

If there are children from the marriage, the spouse inherits half of the intestate estate, while the children inherit the remaining half.

If there are children from a previous relationship of the deceased, the spouse receives half of the estate, and the remaining half is divided among the children.

If there are no children but surviving parents, the spouse inherits the first $50,000 of the estate plus half of the remaining balance, and the parents inherit the other half.

      2. Children:

If there is no surviving spouse, the entire intestate estate is divided equally among the children.

When there is a spouse, the children’s share is determined as outlined above, where they share half of the estate with the spouse if applicable.

     3. Parents:

If the deceased has no spouse or children, the entire estate passes equally to the surviving parents. If only one parent survives, that parent inherits the entire estate.

     4. Siblings and Their Descendants:

If there are no surviving spouse, children, or parents, the estate is distributed equally among the deceased’s siblings. If a sibling has passed away, their children (nieces and nephews of the deceased) inherit their share.

     5. Extended Relatives:

In the absence of closer family members, the estate may pass to more distant relatives, such as grandparents, aunts, uncles, or cousins, according to Delaware’s intestate succession laws.

If no eligible relatives are located, the intestate estate ultimately escheats, or reverts, to the state of Delaware as a last measure.

Which Assets Pass by Intestate Succession?

In Delaware, assets that pass by intestate succession include those without specific beneficiary designations or joint ownership, requiring probate for distribution under Delaware state law. These assets include:

1. Solely Owned Real Estate in Delaware: Property held only in the deceased’s name without any co-owners will be distributed according to Delaware intestate laws.
2. Delaware-Based Bank Accounts without Payable-on-Death (POD) Designations: Accounts that do not list beneficiaries will go through Delaware’s probate and intestate distribution process.
3. Personal Property: Items located in Delaware, such as vehicles, jewelry, and household belongings owned solely by the deceased, are subject to intestate succession.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds without transfer-on-death (TOD) instructions will follow Delaware’s intestate succession laws.
5. Business Interests in Delaware: Ownership in Delaware-based sole proprietorships or partnerships that lack specific succession arrangements is distributed according to Delaware’s intestate succession hierarchy.

These assets are subject to Delaware’s probate court and will be distributed to heirs as defined by Delaware’s intestate succession order.

Which Assets Are Not Covered by Intestate Succession?

In Delaware, certain assets bypass intestate succession due to specific ownership structures or designated beneficiaries, allowing them to avoid the probate process. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Delaware: This property automatically transfers to the surviving co-owner without the need for probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to the designated beneficiaries, bypassing Delaware’s probate and intestate distribution process.
3. Retirement Accounts with Beneficiary Designations: Accounts like IRAs and 401(k)s with listed beneficiaries transfer directly to those individuals, avoiding probate in Delaware.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Delaware-based bank and brokerage accounts with these designations transfer directly to the named beneficiaries upon the account holder’s death.
5. Trust Assets Held in Delaware: Assets placed in a trust are distributed according to the terms of the trust, outside Delaware’s intestate succession laws.

These assets transfer directly to specified individuals, ensuring they do not go through Delaware’s probate or intestate succession procedures.

Delaware Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Delaware, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

1. Surviving Spouse:

If there are no surviving descendants (children, grandchildren) or parents, the spouse inherits the entire estate.

If there are no surviving descendants but the decedent is survived by a parent or parents, the spouse receives the first $50,000 plus one-half of the remaining personal estate, plus a life estate in the real estate; the parents inherit the remaining half of the personal estate.

If all surviving descendants are also descendants of the surviving spouse, the spouse inherits the first $50,000 plus one-half of the remaining personal estate, plus a life estate in the real estate; the descendants inherit the remaining half of the personal estate.

If there are surviving descendants who are not descendants of the surviving spouse, the spouse inherits one-half of the personal estate, plus a life estate in the real estate; the descendants inherit the remaining half of the personal estate.

      2. Descendants:

If there is no surviving spouse, the entire estate is divided equally among the descendants.

      3. Parents:

If there is no surviving spouse or descendants, the estate is divided equally between the parents.

      4. Siblings and Their Descendants:

If there are no surviving spouse, descendants, or parents, the estate is distributed equally among siblings.

If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

      5. Next of Kin:

If none of the above relatives survive, the estate is distributed equally to the next of kin in equal degree.

If no eligible relatives are found, the estate escheats to the state of Delaware.

For a visual representation, refer to the “Intestate Succession Delaware chart” provided by the Delaware Code Online, which outlines this distribution hierarchy.

Will the State Get Your Property?

No. In Delaware, the state will only inherit your property if there are no surviving relatives who qualify under intestate succession laws. Delaware law mandates a search for any potential heirs, including distant relatives. Only if no eligible family members can be located does the property escheat, or revert, to the state as a last resort.

District of Columbia Intestate Succession 

How Does Intestate Succession Work in District of Columbia Intestate Succession?

In the District of Columbia, intestate succession laws govern the distribution of an intestate estate—the estate of a person who dies without a valid will. The process prioritizes close family members according to a specific hierarchy:

1. Surviving Spouse:

• If there are no children or parents, the spouse inherits the entire estate.
• If the deceased has children shared with the spouse, the spouse inherits two-thirds of the intestate estate, and the children inherit one-third.
• If the deceased has children from a previous relationship, the spouse inherits half of the estate, and the children inherit the other half.
• If there are no children but surviving parents, the spouse receives three-fourths of the estate, and the parents inherit one-fourth.

Children:

• If there is no surviving spouse, the entire intestate estate is divided equally among the deceased’s children.
• Adopted children are treated the same as biological children under District of Columbia law.

Parents:

• If there is no spouse or children, the estate is divided equally between the parents. If only one parent survives, that parent inherits the entire estate.

Siblings and Their Descendants:

• If there are no surviving spouse, children, or parents, the estate is distributed equally among siblings. If a sibling is deceased, their share passes to their descendants (nieces and nephews of the deceased).

Extended Relatives:

• If no closer relatives are present, the estate may pass to grandparents, aunts, uncles, or cousins according to the District’s intestate succession hierarchy.

If no eligible relatives are located, the intestate estate escheats to the District of Columbia, ensuring all potential heirs are prioritized before this occurs.

Which Assets Pass by Intestate Succession?

In the District of Columbia, assets that pass by intestate succession are those without specific beneficiary designations or joint ownership, requiring probate distribution according to local laws. These assets include:

1. Solely Owned Real Estate in the District of Columbia: Property held only in the deceased’s name without co-owners or rights of survivorship.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts in local or national banks without named beneficiaries are subject to intestate succession laws in the District.
3. Personal Property Located in the District of Columbia: Items such as vehicles, jewelry, and household goods owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds without transfer-on-death (TOD) instructions that must go through probate.
5. Business Interests in the District of Columbia: Ownership stakes in local sole proprietorships or partnerships without a formal succession plan.

These assets are distributed under the District of Columbia’s intestate succession rules, ensuring they are allocated to heirs according to the local hierarchy.

Which Assets Are Not Covered by Intestate Succession?

In the District of Columbia, certain assets bypass intestate succession because they have designated beneficiaries or specific ownership arrangements, avoiding probate. These assets include:

1. Jointly Owned Property with Rights of Survivorship in the District of Columbia: Automatically transfers to the surviving co-owner without the need for probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds go directly to designated beneficiaries and do not go through the District’s probate process.
3. Retirement Accounts with Beneficiary Designations: Accounts such as IRAs or 401(k)s transfer directly to the named beneficiaries, bypassing intestate succession laws.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Bank or brokerage accounts in the District with these designations pass directly to the listed beneficiaries.
5. Trust Assets Held in the District of Columbia: Assets placed in a trust are distributed according to the trust’s terms, outside of intestate succession rules.

These assets are excluded from the District of Columbia’s intestate process, ensuring they are allocated as per the deceased’s established designations.

District of Columbia Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In the District of Columbia, when an individual dies without a valid will, their estate is distributed according to the District’s intestate succession laws. The distribution hierarchy is as follows:

1. Surviving Spouse or Domestic Partner:

• If there are no surviving descendants (children, grandchildren) or parents, the spouse or domestic partner inherits the entire estate.
• If there are surviving descendants who are also descendants of the surviving spouse or domestic partner, and the spouse or domestic partner has no other descendants, the spouse or domestic partner inherits two-thirds of the estate, and the descendants inherit one-third.
• If there are no surviving descendants but a surviving parent, the spouse or domestic partner inherits three-fourths of the estate, and the parent inherits one-fourth.
• If all surviving descendants are also descendants of the surviving spouse or domestic partner, and the spouse or domestic partner has other descendants, the spouse or domestic partner inherits one-half of the estate, and the descendants inherit the other half.
• If there are surviving descendants who are not descendants of the surviving spouse or domestic partner, the spouse or domestic partner inherits one-half of the estate, and the descendants inherit the other half.

Descendants:

• If there is no surviving spouse or domestic partner, the entire estate is divided equally among the descendants.

Parents:

• If there is no surviving spouse, domestic partner, or descendants, the estate is divided equally between the parents.

Siblings and Their Descendants:

• If there are no surviving spouse, domestic partner, descendants, or parents, the estate is distributed equally among siblings.
• If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

Next of Kin:

• If none of the above relatives survive, the estate is distributed equally to the next of kin in equal degree.

If no eligible relatives are found, the estate escheats to the District of Columbia.

For a visual representation, refer to the “Intestate Succession District of Columbia Intestate Succession chart” provided by the District of Columbia Courts, which outlines this distribution hierarchy. 

Will the State Get Your Property?

No. In the District of Columbia, the state will only inherit your property if there are no surviving relatives eligible under the intestate succession laws. The District prioritizes the search for any potential heirs, including distant relatives, before the property escheats to the government. Property escheats to the District of Columbia as a last resort, ensuring all possible family members are given priority in the estate distribution.

Florida Intestate Succession

How Does Intestate Succession Work in Florida Intestate Succession?

In Florida, intestate succession ensures that an intestate estate—property left by someone without a will—is transferred to family members based on a legal framework. The process involves determining the closest relatives eligible to inherit and distributing the estate in accordance with Florida’s intestacy laws.

The court starts by identifying the deceased’s surviving relatives, such as a spouse, children, or parents. The intestacy rules consider both biological and legally adopted children equally. If no immediate family members are found, the court expands its search to extended relatives like siblings, grandparents, or cousins.

Florida probate courts oversee the process to ensure a fair distribution of the intestate estate. The state prioritizes family members, and property only escheats to the state when no heirs can be identified after thorough efforts. This legal process protects the rights of heirs while following the state’s structured inheritance rules.

Which Assets Pass by Intestate Succession?

In Florida, assets that pass by intestate succession are those not assigned to specific beneficiaries or co-owners, requiring probate distribution according to the state’s laws. These assets include:

1. Solely Owned Real Estate in Florida: Property held in the deceased’s name alone without any joint ownership or rights of survivorship.
2. Bank Accounts Without Payable-on-Death (POD) Designations: Accounts in Florida banks that do not have designated beneficiaries are subject to intestate succession.
3. Personal Property Located in Florida: Items such as vehicles, furniture, jewelry, and other possessions owned solely by the deceased.
4. Investment Accounts Without Beneficiaries: Stocks, bonds, or mutual funds lacking transfer-on-death (TOD) instructions that must go through Florida probate.
5. Business Interests in Florida: Ownership stakes in Florida-based sole proprietorships or partnerships without a succession plan.

These assets are distributed through Florida probate courts following the state’s intestate succession hierarchy.

Which Assets Are Not Covered by Intestate Succession?

In Florida, certain assets are not covered by intestate succession because they have specific ownership structures or beneficiary designations, allowing them to bypass the probate process. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Florida: Property jointly owned automatically transfers to the surviving co-owner without going through probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to the designated beneficiaries and do not follow Florida’s intestate succession laws.
3. Retirement Accounts with Beneficiary Designations: Accounts such as IRAs and 401(k)s transfer directly to the named beneficiaries, avoiding probate in Florida.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Bank or brokerage accounts in Florida with these designations pass directly to the specified beneficiaries.
5. Trust Assets Held in Florida: Assets placed in a trust are distributed according to the trust’s terms, outside of Florida’s intestate succession framework.

These assets are allocated according to the specific designations or agreements in place, bypassing Florida’s probate and intestate succession rules.

Florida Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Florida, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

1. Surviving Spouse:

• If there are no surviving descendants (children, grandchildren), the spouse inherits the entire estate.
• If there are surviving descendants who are also descendants of the surviving spouse, and the spouse has no other descendants, the spouse inherits the entire estate.
• If there are surviving descendants who are not descendants of the surviving spouse, the spouse inherits half of the estate, and the descendants inherit the other half.

Descendants:

• If there is no surviving spouse, the entire estate is divided equally among the descendants.

Parents:

• If there is no surviving spouse or descendants, the estate is divided equally between the parents.

Siblings and Their Descendants:

• If there are no surviving spouse, descendants, or parents, the estate is distributed equally among siblings.
• If a sibling is deceased, their share passes to their descendants (nieces and nephews of the decedent).

Next of Kin:

• If none of the above relatives survive, the estate is distributed equally to the next of kin in equal degree.

If no eligible relatives are found, the estate escheats to the state of Florida.

For a visual representation, refer to the “Intestate Succession Florida Intestate Succession chart” provided by the Florida Probate Law Group, which outlines this distribution hierarchy.

Will the State Get Your Property?

No. In Florida, the state will only inherit your property if no eligible relatives can be located under the intestate succession laws. Florida law prioritizes distributing the estate to surviving family members, including distant relatives. Only after a thorough search fails to identify any heirs does the property escheat to the state as a final measure.

Georgia Intestate Succession 

How Does Intestate Succession Work in Georgia Intestate Succession?

In Georgia, intestate succession governs the distribution of an intestate estate when someone dies without a valid will. The process ensures that the estate is passed to the deceased’s family members according to Georgia law. The probate court identifies the deceased’s closest living relatives and allocates the estate to them.

Georgia’s intestacy laws consider both biological and legally adopted children as heirs. A surviving spouse typically shares the estate with the deceased’s descendants, and in some cases, the spouse may inherit the entire estate. If there are no immediate family members, the court identifies more distant relatives, such as parents, siblings, or extended kin.

The probate court oversees the process to ensure legal compliance and fairness in the distribution of the estate. Only when no relatives can be located does the estate escheat, or revert, to the state of Georgia. This structured process guarantees that family members are prioritized in inheriting the deceased’s assets.

Which Assets Pass by Intestate Succession?

In Georgia, assets that pass by intestate succession include those without designated beneficiaries or joint ownership arrangements, requiring probate distribution under state laws. These assets include:

1. Solely Owned Real Estate in Georgia: Property titled only in the deceased’s name without co-owners or rights of survivorship.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts that do not have beneficiaries named pass through Georgia’s intestate succession process.
3. Personal Property Located in Georgia: Items such as vehicles, jewelry, and household belongings owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds lacking transfer-on-death (TOD) instructions.
5. Business Interests in Georgia: Ownership stakes in Georgia-based sole proprietorships or partnerships without succession plans.

These assets are distributed through probate in accordance with Georgia’s intestate succession hierarchy.

Which Assets Are Not Covered by Intestate Succession?

In Georgia, certain assets bypass intestate succession due to their specific ownership structures or beneficiary designations, avoiding probate. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Georgia: Automatically transfers to the surviving co-owner upon the deceased’s death.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to the designated beneficiaries and do not go through Georgia’s intestate succession laws.
3. Retirement Accounts with Beneficiary Designations: Accounts like IRAs or 401(k)s transfer directly to the listed beneficiaries, avoiding probate.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Georgia-based bank or brokerage accounts with these designations transfer directly to the named beneficiaries.
5. Trust Assets Established in Georgia: Assets held in a trust are distributed according to the trust’s terms, bypassing probate and intestate succession rules.

These assets are allocated based on the agreements or designations in place, ensuring they are not subject to Georgia’s intestate succession process.

Georgia Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Georgia, when someone dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The process follows a specific hierarchy:

1. Surviving Spouse and Children: If there is a surviving spouse and children, the estate is divided equally among them, with the spouse receiving no less than one-third.
2. Surviving Spouse Only: If there are no surviving children, the spouse inherits the entire estate.
3. Children Only: If there is no surviving spouse, the estate is divided equally among the children.
4. Parents: If there are no spouse or children, the estate passes equally to the parents.
5. Siblings: If there are no surviving spouse, children, or parents, the estate is divided among the deceased’s siblings.
6. Nieces and Nephews: If no spouse, children, parents, or siblings survive, the estate passes to nieces and nephews.
7. Grandparents: If none of the above relatives exist, the estate goes to the grandparents.
8. Aunts and Uncles: If there are no surviving grandparents, the estate is passed to the deceased’s aunts and uncles.

If no relatives can be located, the estate escheats to the state of Georgia. For further understanding, refer to an “Intestate Succession Georgia Intestate Succession chart” if available, which visually represents this distribution hierarchy.

Will the State Get Your Property?

No. In Georgia, the state will only inherit your property if no eligible relatives can be identified under intestate succession laws. Georgia law ensures that all potential heirs, including distant relatives, are thoroughly searched for before the property escheats to the state. Property only reverts to the state as a last resort when no heirs are located.

Hawaii Intestate Succession 

How Does Intestate Succession Work in Hawaii Intestate Succession?

In Hawaii, intestate succession applies to the distribution of an intestate estate when someone dies without a valid will. The process ensures that the deceased’s assets are transferred to their closest family members, as identified by Hawaii’s probate court.

The court determines who qualifies as heirs based on state law, ensuring biological and legally adopted children are treated equally. The probate process ensures that all eligible relatives are identified and prioritized before considering the estate’s final distribution.

The probate court ensures compliance with Hawaii law and fairness in handling the estate. Only when no qualifying heirs are found does the estate escheat, or revert, to the state of Hawaii. This system prioritizes family members and minimizes state involvement.

Which Assets Pass by Intestate Succession?

In Hawaii, assets that pass by intestate succession include those without specific beneficiary designations or joint ownership, requiring probate for distribution under state laws. These assets include:

1. Solely Owned Real Estate in Hawaii: Property held only in the deceased’s name without co-owners or survivorship rights.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts without named beneficiaries are subject to intestate succession.
3. Personal Property Located in Hawaii: Items such as vehicles, jewelry, and household belongings owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds lacking transfer-on-death (TOD) instructions.
5. Business Interests in Hawaii: Ownership stakes in Hawaii-based sole proprietorships or partnerships without a succession plan.

These assets are distributed through Hawaii probate courts in accordance with the state’s intestate succession laws.

Which Assets Are Not Covered by Intestate Succession?

In Hawaii, certain assets bypass intestate succession due to specific ownership arrangements or designated beneficiaries, avoiding probate. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Hawaii: Automatically transfers to the surviving co-owner without going through probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds go directly to the designated beneficiaries and do not follow Hawaii’s intestate succession laws.
3. Retirement Accounts with Beneficiary Designations: Accounts such as IRAs and 401(k)s transfer directly to named beneficiaries, avoiding probate in Hawaii.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Hawaii-based bank or brokerage accounts with these designations pass directly to the listed beneficiaries.
5. Trust Assets Held in Hawaii: Assets placed in a trust are distributed according to the terms of the trust, bypassing intestate succession laws.

These assets are allocated as per the designated arrangements, ensuring they are not subject to Hawaii’s intestate succession process.

Hawaii Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Hawaii, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution follows a specific order:

1. Surviving Spouse and Descendants: If there is a spouse and descendants, the spouse receives a set amount of the estate plus a share of the remainder, while the descendants inherit the remaining portion.
2. Surviving Spouse and Parents: If there are no descendants but the parents are living, the spouse receives a larger portion of the estate, with the remainder going to the parents.
3. Surviving Spouse Only: If there are no descendants or parents, the spouse inherits the entire estate.
4. Descendants Only: If there is no spouse, the descendants inherit the entire estate.
5. Parents Only: If there are no spouse or descendants, the parents inherit the entire estate.
6. Siblings: If there are no spouse, descendants, or parents, the siblings of the deceased inherit the estate equally.

If no eligible relatives can be located, the estate escheats to the state of Hawaii. For further clarity, refer to an “Intestate Succession Hawaii Intestate Succession chart” if one is available.

Will the State Get Your Property?

No. In Hawaii, the state will only inherit your property if no qualifying relatives can be identified under the intestate succession laws. Hawaii law ensures that a thorough search is conducted for eligible heirs, including distant relatives, before the estate escheats to the state. The property reverts to the state only as a last resort when no family members can be located.

Idaho Intestate Succession 

How Does Intestate Succession Work in Idaho Intestate Succession?

In Idaho, intestate succession governs how an intestate estate—the property of someone who dies without a valid will—is distributed among the deceased’s family members. The process is designed to prioritize close relatives, ensuring the estate passes to the deceased’s heirs as defined by Idaho law.

The probate court identifies eligible heirs based on state statutes, including surviving spouses, descendants, and immediate family members. Biological and legally adopted children are treated equally, ensuring fairness in the inheritance process. In cases where no immediate family members are located, the court expands its search to extended relatives, such as siblings or grandparents.

Idaho probate courts oversee the process, ensuring compliance with legal requirements while safeguarding the rights of potential heirs. If no relatives are found after exhaustive efforts, the estate escheats, or reverts, to the state of Idaho as a last resort. This approach ensures that the deceased’s assets are distributed as equitably as possible under Idaho law.

Which Assets Pass by Intestate Succession?

In Idaho, assets that pass by intestate succession include those without specified beneficiaries or joint ownership arrangements, requiring probate distribution according to state law. These assets include:

1. Solely Owned Real Estate in Idaho: Property titled only in the deceased’s name without any co-owners or survivorship rights.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts that do not have named beneficiaries are subject to Idaho’s intestate succession process.
3. Personal Property Located in Idaho: Items such as vehicles, jewelry, and household belongings owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds lacking transfer-on-death (TOD) instructions that must go through probate.
5. Business Interests in Idaho: Ownership stakes in Idaho-based sole proprietorships or partnerships without succession plans.

These assets are distributed through Idaho probate courts in accordance with the state’s intestate succession hierarchy.

Which Assets Are Not Covered by Intestate Succession?

In Idaho, certain assets are not covered by intestate succession because they have specific ownership arrangements or designated beneficiaries, allowing them to bypass probate. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Idaho: Automatically transfers to the surviving co-owner without going through probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to the designated beneficiaries and are not subject to Idaho’s intestate succession laws.
3. Retirement Accounts with Beneficiary Designations: Accounts like IRAs and 401(k)s transfer directly to the listed beneficiaries, avoiding probate in Idaho.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Idaho-based bank or brokerage accounts with these designations are transferred directly to the named beneficiaries.
5. Trust Assets Held in Idaho: Assets placed in a trust are distributed according to the trust’s terms, bypassing probate and intestate succession laws.

These assets are allocated as specified by the agreements or arrangements in place, ensuring they do not pass through Idaho’s intestate succession process.

Idaho Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Idaho, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution hierarchy is as follows:

1. Surviving Spouse:

• If there are no surviving descendants or parents, the spouse inherits the entire estate.
• If there are surviving parents but no descendants, the spouse inherits one-half of the separate property, and the remaining half goes to the parents.
• If there are surviving descendants, the spouse inherits one-half of the separate property, and the remaining half is divided among the descendants.

Descendants:

• If there is no surviving spouse, the entire estate is divided equally among the descendants.

Parents:

• If there are no surviving spouse or descendants, the estate is divided equally between the parents.

Siblings:

• If there are no surviving spouse, descendants, or parents, the estate is divided among the decedent’s siblings.

Grandparents:

• If none of the above relatives survive, the estate is divided equally between the paternal and maternal grandparents or their descendants.

If no eligible relatives are found, the estate escheats to the state of Idaho. For further clarity, refer to an “Intestate Succession Idaho Intestate Succession chart” if available.

Will the State Get Your Property?

No. In Idaho, the state will only inherit your property if no qualifying relatives can be identified under intestate succession laws. Idaho law requires a thorough search for eligible heirs, including distant relatives. The property escheats to the state only as a last resort when no heirs are located.

Illinois Intestate Succession 

How Does Intestate Succession Work in Illinois Intestate Succession?

In Illinois, intestate succession governs how an intestate estate—the estate of a person who dies without a valid will—is distributed to the deceased’s family. The law ensures that the assets are transferred to the closest living relatives in a systematic order defined by Illinois statutes.

The probate court oversees the process, identifying heirs based on their relationship to the deceased. Immediate family members, such as spouses and descendants, are given priority in the distribution of the estate. If no immediate family members are available, the court considers extended relatives such as parents or siblings.

Illinois law ensures equal treatment of biological and legally adopted children, protecting their rights as heirs. The court manages the intestate estate to comply with state laws and ensures fairness throughout the process. Only when no qualifying relatives are identified does the estate escheat, or revert, to the state of Illinois.

Which Assets Pass by Intestate Succession?

In Illinois, assets that pass by intestate succession are those not assigned to specific beneficiaries or co-owners, requiring probate distribution under state law. These assets include:

1. Solely Owned Real Estate in Illinois: Property held only in the deceased’s name without joint ownership or survivorship rights.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts without designated beneficiaries that must go through probate.
3. Personal Property Located in Illinois: Items such as vehicles, jewelry, and household belongings owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds lacking transfer-on-death (TOD) instructions.
5. Business Interests in Illinois: Ownership stakes in Illinois-based sole proprietorships or partnerships without succession plans.

These assets are distributed through probate in accordance with Illinois’s intestate succession laws.

Which Assets Are Not Covered by Intestate Succession?

In Illinois, certain assets bypass intestate succession due to specific ownership arrangements or beneficiary designations, avoiding probate. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Illinois: Automatically transfers to the surviving co-owner without going through probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to the designated beneficiaries and do not follow Illinois’s intestate succession laws.
3. Retirement Accounts with Beneficiary Designations: Accounts like IRAs and 401(k)s transfer directly to the named beneficiaries, avoiding probate.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Bank or brokerage accounts in Illinois with these designations pass directly to the specified beneficiaries.
5. Trust Assets Held in Illinois: Assets placed in a trust are distributed according to the trust’s terms, bypassing probate and intestate succession rules.

These assets are allocated as per the agreements or designations in place, ensuring they are not subject to Illinois’s intestate succession process.

Illinois Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Illinois, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The distribution follows a specific hierarchy:

1. Surviving Spouse and Descendants: If there is a surviving spouse and descendants (children or grandchildren), the spouse inherits half of the estate, and the descendants inherit the other half, divided equally.
2. Surviving Spouse Only: If there are no surviving descendants, the spouse inherits the entire estate.
3. Descendants Only: If there is no surviving spouse, the entire estate is divided equally among the descendants.
4. Parents and Siblings: If there are no surviving spouse or descendants, the estate is divided equally between the parents and siblings. If only one parent is alive, that parent receives a double portion.
5. Grandparents and Their Descendants: If none of the above relatives survive, the estate is divided equally between the maternal and paternal grandparents or their descendants.

If no qualifying relatives are found, the estate escheats to the state of Illinois. For further clarity, refer to an “Intestate Succession Illinois Intestate Succession chart” if one is available.

Will the State Get Your Property?

No. In Illinois, the state will only inherit your property if no qualifying relatives can be identified under the intestate succession laws. Illinois law ensures that a thorough search is conducted for potential heirs, including distant relatives. The property escheats to the state only as a last resort when no heirs are located.

Indiana Intestate Succession 

How Does Intestate Succession Work in Indiana Intestate Succession?

In Indiana, intestate succession governs how an intestate estate—the property of someone who dies without a valid will—is distributed. Indiana law ensures the estate is allocated to the closest living relatives based on a legal hierarchy.

The probate court oversees the process, beginning with identifying immediate family members such as the surviving spouse and descendants. If no immediate relatives exist, the estate is passed to extended family members, including parents, siblings, or more distant relatives like grandparents or cousins.

Indiana law treats biological and legally adopted children equally, ensuring fairness in inheritance rights. The probate court manages the estate to ensure compliance with state statutes. If no relatives can be identified, the estate escheats to the state of Indiana as a last resort. This structured process prioritizes family members while adhering to Indiana’s intestacy laws.

Which Assets Pass by Intestate Succession?

In Indiana, assets that pass by intestate succession are those not assigned to specific beneficiaries or co-owners, requiring probate distribution under state law. These assets include:

1. Solely Owned Real Estate in Indiana: Property titled only in the deceased’s name without joint ownership or survivorship rights.
2. Bank Accounts without Payable-on-Death (POD) Designations: Accounts without named beneficiaries are subject to Indiana’s probate process.
3. Personal Property Located in Indiana: Items such as vehicles, jewelry, and household goods owned solely by the deceased.
4. Investment Accounts without Beneficiaries: Stocks, bonds, or mutual funds lacking transfer-on-death (TOD) instructions.
5. Business Interests in Indiana: Ownership stakes in Indiana-based sole proprietorships or partnerships without a succession plan.

These assets are distributed through probate following Indiana’s intestate succession laws.

Which Assets Are Not Covered by Intestate Succession?

In Indiana, certain assets bypass intestate succession due to their ownership structures or beneficiary designations, avoiding probate. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Indiana: Automatically transfers to the surviving co-owner upon the deceased’s death.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to designated beneficiaries, bypassing Indiana’s intestate succession process.
3. Retirement Accounts with Beneficiary Designations: Accounts like IRAs and 401(k)s transfer directly to named beneficiaries, avoiding probate.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Indiana-based bank or brokerage accounts with these designations pass directly to the named beneficiaries.
5. Trust Assets Held in Indiana: Assets placed in a trust are distributed according to the trust’s terms, outside of Indiana’s intestate succession laws.

These assets are allocated according to the designations or agreements in place, ensuring they do not pass through Indiana’s intestate succession process.

Indiana Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Indiana, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The order of distribution is as follows:

1. Surviving Spouse and Descendants: If there is a surviving spouse and descendants (children or grandchildren), the spouse inherits one-half of the intestate property, while the descendants inherit the remaining half.
2. Surviving Spouse and Parents: If there are no descendants but surviving parents, the spouse inherits three-fourths of the intestate property, and the parents inherit one-fourth.
3. Surviving Spouse Only: If there are no descendants or parents, the spouse inherits the entire intestate estate.
4. Descendants Only: If there is no surviving spouse, the entire estate is distributed equally among the descendants.
5. Parents Only: If there are no surviving spouse or descendants, the parents inherit the entire estate.
6. Siblings: If there are no surviving spouse, descendants, or parents, the estate is divided equally among the siblings.

If no qualifying relatives are found, the estate escheats to the state of Indiana. For additional clarity, refer to an “Intestate Succession Indiana Intestate Succession chart” if available.

Will the State Get Your Property?

No. In Indiana, the state will only inherit your property if no qualifying relatives can be located under intestate succession laws. Indiana law prioritizes the search for heirs, including distant relatives, before the estate escheats to the state. The property reverts to the state only as a last resort when no eligible family members are identified.

Iowa Intestate Succession 

How Does Intestate Succession Work in Iowa Intestate Succession?

In Iowa, intestate succession laws dictate how an intestate estate—the property of someone who dies without a valid will—is distributed. The process is managed through the probate court, which identifies eligible heirs according to the state’s legal framework.

Iowa law prioritizes immediate family members, including spouses and descendants, in the distribution of the estate. If no immediate family is available, the court seeks extended relatives such as parents, siblings, or other family members to inherit the estate. The law treats biological and legally adopted children equally, ensuring fairness in inheritance rights.

The court ensures the estate is distributed in compliance with Iowa statutes, safeguarding the rights of heirs. Only when no eligible relatives can be found does the estate escheat, or revert, to the state of Iowa as a last resort. This system ensures that family members receive priority in inheriting the deceased’s assets.

Which Assets Pass by Intestate Succession?

In Iowa, assets that pass by intestate succession are those not assigned to specific beneficiaries or jointly owned, requiring probate distribution under state law. These assets include:

1. Solely Owned Real Estate in Iowa: Property held exclusively in the deceased’s name without co-owners or survivorship rights.
2. Bank Accounts Without Payable-on-Death (POD) Designations: Accounts lacking named beneficiaries must go through probate.
3. Personal Property Located in Iowa: Items such as vehicles, furniture, jewelry, and other possessions solely owned by the deceased.
4. Investment Accounts Without Beneficiaries: Stocks, bonds, or mutual funds without transfer-on-death (TOD) instructions.
5. Business Interests in Iowa: Ownership stakes in Iowa-based sole proprietorships or partnerships without succession arrangements.

These assets are distributed according to Iowa’s intestate succession laws under probate court supervision.

Which Assets Are Not Covered by Intestate Succession?

In Iowa, certain assets bypass intestate succession due to their ownership structure or specific beneficiary designations, avoiding the probate process. These assets include:

1. Jointly Owned Property with Rights of Survivorship in Iowa: Automatically transfers to the surviving co-owner without probate.
2. Life Insurance Policies with Named Beneficiaries: Proceeds are paid directly to designated beneficiaries, bypassing Iowa’s intestate succession rules.
3. Retirement Accounts with Beneficiary Designations: Accounts such as IRAs and 401(k)s transfer directly to named beneficiaries.
4. Payable-on-Death (POD) and Transfer-on-Death (TOD) Accounts: Iowa-based bank or brokerage accounts with these designations are passed directly to the named beneficiaries.
5. Trust Assets in Iowa: Assets held in a trust are distributed according to the terms of the trust, avoiding intestate succession laws.

These assets are distributed as per the arrangements or designations in place and are not subject to Iowa’s intestate succession process.

Iowa Intestate Succession Chart: What Is the Order of Estate Distribution by Intestate Succession Laws?

In Iowa, when an individual dies without a valid will, their estate is distributed according to the state’s intestate succession laws. The order of distribution is as follows:

1. Surviving Spouse: If there are no descendants or parents, the spouse inherits the entire estate. If there are descendants, the spouse receives the first $50,000 of the estate plus one-half of the remaining balance, while the descendants inherit the other half.
2. Descendants: If there is no surviving spouse, the entire estate is divided equally among the descendants.
3. Parents: If there are no spouse or descendants, the estate passes equally to the surviving parents. If only one parent is living, they inherit the entire estate.
4. Siblings: If there are no spouse, descendants, or parents, the estate is distributed equally among the siblings.
5. Grandparents: If none of the above relatives survive, the estate is divided equally between the paternal and maternal grandparents or their descendants.

If no qualifying relatives are identified, the estate escheats to the state of Iowa. For further clarity, refer to an “Intestate Succession Iowa Intestate Succession chart” if available.

Will the State Get Your Property?

No. In Iowa, the state will only inherit your property if no qualifying relatives can be identified under intestate succession laws. Iowa law prioritizes a thorough search for potential heirs, including distant relatives, before the estate escheats to the state. The property reverts to the state only as a last resort when no eligible family members are found.