Intestacy

Question 1

No surviving spouse?

Answer 1

Under intestacy statutes, the portion of the estate not passing to the surviving spouse passes to the decedent’s children and descendants of deceased children. Parents and collateral kin never inherit if the decedent is survived by children or more remote descendants.

Question 2

No surviving spouse or descendants?

Answer 2

In most states, if a decedent is not survived by a spouse or descendants, her intestate property passes to her parents and/or siblings (and children of deceased siblings).

Question 3

Intestate Succession - all rules

Answer 3

In most states, the intestate property is distributed per capita with representation, meaning the property is divided at the first generational level at which there are living takers, with the share of each deceased person at that level passing to his issue by representation. Some states follow a per capita at each generational level type of distribution that would divide the property at the first generational level at which there are living takers, and then combine and divide equally the shares of deceased persons at that level. A few states use a strict per stirpes distribution, under which the stirpital shares are always determined at the first generational level regardless of whether there are living takers.

Question 4

Adoption

Answer 4

For purposes of intestate succession and wills, an adopted child is treated the same as a natural child of his adopting parents. All states permit a non-marital child to inherit from his mother, and most states also permit inheritance from his father if paternity is established. In most states, paternity can be established by: the father’s marriage to the mother after the child’s birth; adjudication in a paternity suit; or proof in the probate proceedings (usually by clear and convincing evidence).