Intestate succession: calculating shares

Question 1

Surviving spouse: shared descendants

Answer 1

Under the Uniform Probate Code, the surviving spouse gets 100 percent of the estate if:

(1) The decedent’s only surviving relatives are also surviving relatives of the surviving spouse—e.g., children the decedent and the surviving spouse had together; and
(2) The surviving spouse does not have any other descendants.

Question 2

Surviving spouse: no descendants and surviving parent of the decedent

Answer 2

Under the Uniform Probate Code, the surviving spouse gets $300,000 and 75 percent of the remainder of the estate if:

(1) No descendant is alive at the time of the decedent’s death; and
(2) There is a surviving parent of the decedent.

Question 3

Surviving spouse: shared descendants with spouse’s issue

Answer 3

Under the Uniform Probate Code, the surviving spouse gets $225,000 and 50 percent of the remainder of the estate if:

(1) The decedent is survived by descendants who are also descendants of the surviving spouse; and
(2) The spouse has other issue—i.e., her own kids (e.g., because of remarriage).

Question 4

Surviving spouse: decedent’s issue

Answer 4

Under the Uniform Probate Code, the surviving spouse gets $150,000 and 50 percent of the remaining property if the decedent is survived by issue not related to the surviving spouse (i.e., stepparent only).

Question 5

Surviving spouse: no descendants and no parents

Answer 5

Under the Uniform Probate Code, the surviving spouse takes the entire estate if the decedent is not survived by descendants or parents (i.e., childless orphan).

Question 6

Issue: per stirpes

Answer 6

The first division takes place at the decedent’s immediate descendants:

(1) Each surviving child or child who leaves issue takes an equal share, i.e., a surviving child can stand in the place of her deceased parent;
(2) Children who have passed and do not leave issue are not counted.

The second division is by representation, i.e., by the number of children in each generation of each line.

Question 7

Issue: per capita with representation

Answer 7

The first division takes place at the first generation where a member survives the decedent: Each surviving member or member who leaves issue in the first generation takes an equal share.

The second division is by representation.

Question 8

Issue: per capital at each generation

Answer 8

Per capita at each generation is the Uniform Probate Code’s approach.

(1) The first division occurs at the first generation where there is a surviving member:

Each surviving member or member who leaves issue in the first generation takes an equal share;

(2) The second division is not by representation.

Rather, the shares of the deceased member leaving issue are pooled, then divided equally among the members of the subsequent generation.