Intestate Share of Surviving Spouse

Question 1

What portion of the Estate does the Spouse get if Descendants ALSO survive?

Answer 1

Non-UPC State — Surviving spouse takes 1/3 or 1/2 of the estate

UPC State — Surviving spouse takes the entire estate if:

1. The decedent is survived by descendants, all of whom are descendants of the surviving spouse
2. The surviving spouse has no other surviving descendant (no other kids that are not related to the decedent or the surviving spouse)

Question 2

What portion of the Estate does the Spouse get if NO descendants survive?

Answer 2

Non-UPC State — Surviving spouse takes the entire estate

UPC State — Surviving spouse takes the entire estate only if the decedent is not survived by descendants or parents