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Interesting Intestacy Law Facts

 

Choose any state listed below to see how much its intestate laws give to each heir or open the Intestacy CalculatorTM page to choose your state.

 

For more intestacy facts, you can also open the interactive State Summaries program or open the Monthly Intestacy and Estate Law Articles.

 

 

 

Laws that are unique to one state

 

 

In Colorado, a natural parent who gave you away for adoption can become an heir of your intestate estate.

 

 

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.

 

 

 


 

 

Laws that are 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.  

 

Does your state follow one of these laws?  Open its Intestacy Calculator and find out.

 


 

 

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