|
Traditional Family Estate Distributions
After fifty years of marriage Ward passes away with a $500,000
intestate estate, of which $100,000 is real estate. He is
survived by his wife, June, and their two adult children.
This table shows the amount of Ward's individually owned
property that each of his three family members will receive
according to the intestate laws of each state.
If a separate figure is not shown for real estate, it is
included with all other property for division. Where shown, "LE"
indicates that a life-estate is granted in that property.
Note that only sixteen of the states listed below give the
surviving spouse all of the deceased spouse's property in these
family circumstances.
|
Choose any state name below |
June |
Wallace |
Theodore |
| Intestate Estate |
Real Estate |
Intestate Estate |
Real Estate |
Intestate Estate |
Real Estate |
|
Alabama |
$275,000 |
|
$112,500 |
|
$112,500 |
|
|
Arkansas |
$133,333 |
$33,333 (LE) |
$133,333 |
$33,333 |
$133,333 |
$33,333 |
|
Alaska |
$500,000 |
|
|
|
|
|
|
Arizona |
$500,000 |
|
|
|
|
|
|
California |
$166,666 |
|
$166,666 |
|
$166,666 |
|
|
Colorado |
$500,000 |
|
|
|
|
|
|
Connecticut |
$300,000 |
|
$100,000 |
|
$100,000 |
|
|
Delaware |
$225,000 |
$100,000 (LE) |
$87,500 |
|
$87,500 |
|
|
Florida |
$280,000 |
|
$110,000 |
|
$110,000 |
|
|
Georgia |
$166,666 |
|
$166,666 |
|
$166,666 |
|
|
Hawaii |
$500,000 |
|
|
|
|
|
|
Idaho |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
Illinois |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
Indiana |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
Iowa |
$500,000 |
|
|
|
|
|
|
Kansas |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
Kentucky |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
Maine |
$275,000 |
|
$112,500 |
|
$112,500 |
|
|
Maryland |
$257,500 |
|
$121,250 |
|
$121,250 |
|
|
Massachusetts |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
Michigan |
$350,500* |
|
$74,750* |
|
$74,750* |
|
|
Minnesota |
$500,000 |
|
|
|
|
|
|
Mississippi |
$166,666 |
|
$166,666 |
|
$166,666 |
|
|
Missouri |
$260,000 |
|
$120,000 |
|
$120,000 |
|
|
Montana |
$500,000 |
|
|
|
|
|
|
Nebraska |
$275,000 |
|
$112,500 |
|
$112,500 |
|
|
Nevada |
$166,666 |
|
$166,666 |
|
$166,666 |
|
|
New Hampshire |
$375,000 |
|
$62,500 |
|
$62,500 |
|
|
New Jersey |
$500,000 |
|
|
|
|
|
|
New Mexico |
$125,000 |
|
$187,500 |
|
$187,500 |
|
|
New York |
$275,000 |
|
$112,500 |
|
$112,500 |
|
|
North Carolina |
$153,333 |
$33,333 |
$123,333 |
$33,333 |
$123,333 |
$33,333 |
|
North Dakota |
$500,000 |
|
|
|
|
|
|
Ohio |
$500,000 |
|
|
|
|
|
|
Oklahoma |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
Oregon |
$500,000 |
|
|
|
|
|
|
Pennsylvania |
$265,000 |
|
$117,500 |
|
$117,500 |
|
|
Rhode Island |
$200,000 |
$100,000 (LE) |
$100,000 |
|
$100,000 |
|
|
South Carolina |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
South Dakota |
$500,000 |
|
|
|
|
|
|
Tennessee |
$166,666 |
|
$166,666 |
|
$166,666 |
|
|
Texas |
$133,333 |
$33,333 (LE) |
$133,333 |
$33,333 |
$133,333 |
$33,333 |
|
Utah |
$500,000 |
|
|
|
|
|
|
Vermont |
$133,333 |
$33,333 |
$133,333 |
$33,333 |
$133,333 |
$33,333 |
|
Virginia |
$500,000 |
|
|
|
|
|
|
Washington |
$250,000 |
|
$125,000 |
|
$125,000 |
|
|
Washington D.C. |
$333,333 |
|
$83,333 |
|
$83,333 |
|
|
West Virginia |
$500,000 |
|
|
|
|
|
|
Wisconsin |
$500,000 |
|
|
|
|
|
|
Wyoming |
$250,000 |
|
$125,000 |
|
$125,000 |
|
You can also compare these figures with those of a Blended
Family or use the interactive State Summaries program to see
similarities between states.
Note that, like the Intestacy Calculators™, these figures do not
include any amounts that may be granted as a "family allowance"
or "homestead allowance."
For instance, Pennsylvania provides a spouse, child, or parent
who was living with the decedent at the time of death with the
right to claim $3,500 of the decedent's estate.
These amounts are not included with any calculations, as they
are often elective and not always certain. Unlike the intestate
distribution, additional action is frequently required within a
specific time period to assert the claim to these rights.
Also note that community property is not included with this
comparison, although it has been included in the individual
Intestacy Calculators for those states that distribute community
property between the spouse and others in a manner that differs
from the distribution of individually owned property.
|