| Laws that are unique to one state |
|
In
Maryland, your spouse
will receive $15,000 less of your intestate estate if any of
your surviving children are minors. |
|
In
Arkansas, if you are
married less than three years and never had a child, your
spouse will share fifty percent of your intestate estate with
living relations as distant as your third cousins
thrice-removed and their issue. |
|
New Hampshire escheats the "earliest," with only relations
up to the fourth degree entitled to any portion of the
intestate estate, which are great-nieces and great-nephews or
first cousins. |
|
Pennsylvania divides the intestate estate into maternal
and paternal shares at the grandparent level of relation, but
recombines the shares for an equal division among aunts and
uncles or first cousins or first cousins once-removed if there
isn't at least one living grandparent. |
|
In
Missouri, the heirs of
multiple predeceased spouses may be entitled to a portion of
the intestate estate. |
|
Mississippi excludes half-blood relations more distant
than an aunt and uncle from receiving any portion of the
intestate, but only if there are any whole blood relations at
the same degree of relation as the half-blood relative. |
|
| Laws followed by a limited number of
states |
|
In
Arkansas,
Delaware, and
Rhode Island, your
spouse's interest in any intestate real estate is limited to a
life-estate. |
|
Your in-laws may be entitled to
your intestate estate in
Arkansas,
California,
Florida,
Kansas,
Kentucky,
Missouri,
Nevada,
Rhode Island, and
Virginia. |
|
Nevada and
Oklahoma
may require your spouse to share with your siblings. |
|
In
Nevada,
Oklahoma, and
Washington, half-blood
relations cannot receive any intestate property that was given
to the decedent by an ancestor who is not also an ancestor of
the half-blood relation. Otherwise, half-blood relations
receive the same share as whole blood relations. |
|
Arkansas,
California,
Kentucky,
Massachusetts,
Rhode Island,
Texas,
Vermont, and
Washington may require
your spouse to share with your siblings, nieces and nephews,
grand-nieces and grand-nephews, and their issue. |
|
Arkansas,
Rhode Island,
and
Vermont may require
your spouse to share with your nearest living relation, no
matter how distant the degree of relation to you. |
|
| Unexpected laws that can affect many
people |
|
If you never had children, thirty
states require your spouse to share your intestate estate with
one or both of your parents. |
|
Twenty-nine states will give your
spouse less of your intestate estate if he or she is not the
parent of all your children. |
|
Ten states will give your spouse
less of your intestate estate if your spouse has any children
by someone other than you, even if you have children together. |
| See which laws apply to your state
by opening its
Intestacy Calculator™ |
