What happens if you die without a will?

Surviving spouse: everything if the decedent left no descendants and no parent; the first $100,000 plus half of the rest if a parent survives but no descendants; the first $50,000 plus half of the rest if all descendants are also the surviving spouse's descendants; half if any descendant is not the surviving spouse's. The rest (or everything, with no spouse) goes to descendants, then parents equally, then the parents' descendants (siblings and their lines), then half to the paternal and half to the maternal grandparents or their descendants. Ala. Code §§ 43-8-41, 43-8-42

Surviving spouse: everything if the decedent left no descendants and no parent, or if all the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $200,000 plus three-fourths of the rest if a parent survives but no descendants; the first $150,000 plus half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $100,000 plus half of the rest if any of the decedent's descendants are not the spouse's. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants. Special rules apply to Alaska Native Claims Settlement Act corporation stock. AS 13.12.102, 13.12.103

The surviving spouse takes the decedent's entire intestate estate (separate property and the decedent's half of the community property) if there are no descendants or if all descendants are also the spouse's. If any descendant is not the spouse's, the spouse takes half of the separate property and none of the decedent's half of the community property. The rest (or everything, with no spouse) goes to descendants, then parents, then the parents' descendants (siblings and their lines), then half to each side's grandparents or their descendants. A.R.S. §§ 14-2102, 14-2103

Children and descendants of deceased children inherit first. If there are no descendants, the surviving spouse inherits everything if the couple had been married at least three years; if married less than three years, the spouse takes 50% and the parents take the rest. With no descendants or spouse, the parents inherit equally (or the surviving parent); then siblings and descendants of deceased siblings; then grandparents, aunts and uncles; then great-grandparents, great-aunts and great-uncles. When there are children, the surviving spouse does not inherit outright but receives dower or curtesy: a life interest in one-third of the decedent's land and one-third of the personal property outright. Ark. Code Ann. §§ 28-9-214, 28-9-215, 28-11-301, 28-11-305

California is a community property state. With no will, the surviving spouse or registered domestic partner gets the deceased person's half of community and quasi-community property. For separate property, the spouse gets all of it if there are no children (or their descendants), parents, siblings or children of siblings; one-half if there is one child (or descendants of one child), or no children but a parent or the parents' descendants; and one-third if there are two or more children (or descendants of them). The rest goes to the children (and descendants of a deceased child); if none, to parents; if none, to brothers and sisters and their descendants; then grandparents and their descendants, and then more distant relatives. Cal. Prob. Code §§ 6401, 6402

The surviving spouse takes the whole estate if the decedent left no descendants or parents, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes a set dollar amount plus a fraction of the rest: $300,000 plus three-quarters if a parent but no descendant survives; $225,000 plus one-half if all descendants are shared but the spouse has other descendants; $150,000 plus one-half if any of the decedent's descendants are not the spouse's. These dollar amounts are adjusted each year for inflation. The rest goes to descendants (per capita at each generation), then parents, then the parents' descendants (siblings and their lines), then grandparents' families. C.R.S. §§ 15-11-102, 15-11-103, 15-10-112

Surviving spouse: everything if the decedent left no descendants and no parent; the first $100,000 plus three-quarters of the rest if the decedent left a parent but no descendants; the first $100,000 plus half of the rest if all of the decedent's descendants are also the spouse's; half if any of the decedent's descendants are not the spouse's. The rest (or everything, with no spouse) goes to the children equally (a deceased child's share to that child's descendants), then parents, then brothers and sisters and their descendants, then next of kin of equal degree, then stepchildren and their descendants. Half-blood relatives take the same share as whole-blood relatives. Conn. Gen. Stat. §§ 45a-437, 45a-438, 45a-439

Surviving spouse: everything if the decedent left no descendants and no parent. If the decedent left a parent but no descendants, or left descendants who are all also the surviving spouse's descendants, the spouse takes the first $50,000 of personal property plus half of the rest of the personal property, plus a life estate in the real estate. If any of the decedent's descendants are not the surviving spouse's, the spouse takes half of the personal property plus a life estate in the real estate. Whatever does not go to the spouse goes to the decedent's descendants (by family branch), then parents equally, then the parents' descendants (siblings and their lines), then next of kin. An heir must outlive the decedent by 120 hours. 12 Del. C. §§ 502, 503, 504

Surviving spouse or domestic partner: the entire estate if no descendant or parent survives; three-fourths if a parent but no descendant survives; two-thirds if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; one-half if the spouse has descendants who are not the decedent's, or if the decedent has descendants who are not the spouse's. The rest passes to descendants, and if none, to parents, then siblings and their descendants, and then more distant relatives. D.C. Code §§ 19-302, 19-301

Spouse: takes the whole estate if the decedent left no descendants, or if all of the decedent's descendants are also descendants of the surviving spouse and the spouse has no other descendants; otherwise the spouse takes one-half and the decedent's descendants take the rest. With no spouse, the estate passes to descendants; then parents; then siblings and the descendants of deceased siblings; then grandparents' lines (half to the paternal side and half to the maternal side); then kin of the last deceased spouse. Fla. Stat. §§ 732.102, 732.103

If there is a surviving spouse and no descendants, the spouse inherits everything. If there are children, the spouse and children share equally (a deceased child's descendants take that child's share), but the spouse always receives at least one-third. With no spouse: children (or their descendants), then parents, then siblings (or nieces and nephews), then grandparents, then aunts and uncles (or first cousins), then more distant relatives. O.C.G.A. § 53-2-1

Surviving spouse or reciprocal beneficiary takes: the entire estate if the decedent left no descendants and no parent, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants; the first $400,000 plus three-fourths of the rest if there are no descendants but a parent survives; the first $330,000 plus one-half of the rest if all the decedent's descendants are also the spouse's but the spouse has other descendants; the first $220,000 plus one-half of the rest if any of the decedent's descendants are not the spouse's. Whatever does not go to the spouse passes to descendants by representation; if none, to parents; then to siblings and their descendants, and then more distant relatives. Haw. Rev. Stat. §§ 560:2-102, 560:2-103

Separate property: the surviving spouse takes everything if the decedent left no descendants and no parent; one-half if the decedent left a parent but no descendants; one-half if the decedent left descendants. Community property: the decedent's half of the community property goes to the surviving spouse. Whatever does not go to the spouse goes to descendants (equally by generation), then parents, then the parents' descendants (siblings and their lines), then grandparents or their descendants (half to each side). Idaho Code §§ 15-2-102, 15-2-103

Spouse and descendants: one-half to the spouse, one-half to the descendants. Spouse but no descendants: everything to the spouse. Descendants but no spouse: everything to the descendants. No spouse or descendants: to parents, brothers and sisters in equal shares (a surviving parent takes a double share if the other parent has died; a deceased sibling's descendants take that sibling's share), then to grandparents or their descendants (half to each side), then great-grandparents or their descendants, and then more distant relatives. 755 ILCS 5/2-1

Surviving spouse: one-half of the net estate if the decedent left children or descendants of a deceased child; three-fourths if no descendants but a parent survives; everything if no descendants or parents. A second or later spouse with no children by the decedent, when the decedent left children from an earlier marriage, receives only 25% of the net value of the decedent's real estate (plus the usual share of personal property). The rest goes to descendants; with no spouse or descendants, to parents, siblings and descendants of deceased siblings (each parent receives at least one-fourth), then grandparents, then aunts, uncles and their descendants. IC 29-1-2-1

Surviving spouse: if the decedent left no children or descendants, or all of them are also the surviving spouse's, the spouse receives the whole estate (all real estate the decedent held during the marriage, exempt personal property and other personal property not needed for debts). If some descendants are not the surviving spouse's, the spouse receives one-half of the real estate and other personal property plus the exempt personal property, and at least $50,000 in total if the estate allows. Whatever does not go to the spouse passes to descendants by representation; if none, to the parents equally (or the surviving parent); then to the parents' descendants (siblings and their lines); then to grandparents and their descendants (half to each side); then great-grandparents and their descendants; then to the descendants of a deceased spouse; and finally to the State of Iowa. Iowa Code §§ 633.211, 633.212, 633.219

If there is a surviving spouse and no children or descendants of a deceased child, the spouse inherits everything. If there are children or descendants, the spouse inherits one-half and the children share the other half equally (descendants of a deceased child take that child's share). With no spouse, the children (and descendants of deceased children) inherit everything. With no spouse or descendants, the parents inherit; if no parents, the property passes to the parents' heirs (such as siblings and their descendants). Property does not pass to relatives further than the sixth degree except by direct descent. K.S.A. 59-504, 59-506, 59-507, 59-508, 59-509

Under the law effective July 15, 2026: the surviving spouse takes everything if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. The spouse takes one-half if the decedent had descendants who are not the spouse's, or if the spouse has descendants who are not the decedent's. Whatever does not pass to the spouse goes to the children and their descendants; if none, to the parents equally (or all to the surviving parent); then to brothers and sisters and their descendants; then half to the paternal and half to the maternal grandparents; then to aunts and uncles and their descendants; then to stepchildren; and finally to the state. KRS 391.010 (as amended by 2026 Ky. Acts ch. 134)

Louisiana is a community property state and treats community and separate property differently. Community property: if the deceased left descendants, they inherit the deceased's half, subject to the surviving spouse's usufruct (a right to use it and its income) until the spouse dies or remarries; with no descendants, the surviving spouse takes the deceased's half. Separate property: descendants inherit first, in equal shares (by family branch when representing a deceased parent). With no descendants, brothers and sisters (or their descendants) inherit, subject to a usufruct for any surviving parents; if there are no siblings, the parents inherit; if there are no parents, the siblings take outright. The surviving spouse inherits separate property only if there are no descendants, parents, or siblings (or their descendants) and the spouse was not judicially separated. La. Civ. Code arts. 888, 889, 890, 891, 892, 894

Surviving spouse: the entire estate if the deceased left no descendants or parents, or if all of the deceased's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse takes a set dollar amount plus 3/4 of the rest. If all descendants are shared but the spouse has other descendants, the spouse takes a set dollar amount plus 1/2 of the rest. If the deceased has descendants who are not the spouse's, the spouse takes 1/2. For deaths in 2026 the set amounts are $394,000 and $131,300 (the statute's $300,000 and $100,000, adjusted yearly for inflation). Whatever does not pass to the spouse goes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; then to grandparents' families. 18-C M.R.S. §§ 2-102, 2-103, 1-108

Surviving spouse (or registered domestic partner): the whole estate if there are no surviving children or other descendants; one-half if the decedent left a minor child; if there is no minor child but there are descendants who are not also the spouse's descendants, the first $100,000 plus one-half of the rest. Whatever the spouse does not take goes equally to the decedent's descendants by representation (all of it to descendants if there is no spouse). With no spouse or descendants: to parents (equally, or all to the survivor), then to the parents' descendants (siblings and their children), then split between the grandparent lines, then to stepchildren. Md. Code, Estates & Trusts §§ 3-102, 3-103, 3-104

Surviving spouse: the entire estate if the deceased left no descendants or parents, or if all of the deceased's descendants are also the spouse's and the spouse has no other descendants. If no descendants but a parent survives, the spouse takes the first $200,000 plus 3/4 of the rest. If the spouse has descendants who are not the deceased's, or the deceased has descendants who are not the spouse's, the spouse takes the first $100,000 plus 1/2 of the rest. Whatever does not pass to the spouse goes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; then to the nearest next of kin. M.G.L. c. 190B, §§ 2-102, 2-103

Spouse: takes everything if the decedent left no descendants and no parents. If the decedent's descendants are all also the spouse's, or if some of the decedent's descendants are not the spouse's, the spouse takes the first $150,000 plus one-half of the rest. If no descendants survive but a parent does, the spouse takes the first $150,000 plus three-quarters of the rest. If none of the decedent's descendants are the spouse's, the spouse takes the first $100,000 plus one-half of the rest. Whatever does not pass to the spouse goes to descendants by representation; if none, to parents; if none, to descendants of the parents (brothers, sisters, nieces, nephews); if none, half to the paternal and half to the maternal grandparents or their descendants. MCL 700.2102, 700.2103

The surviving spouse takes the entire estate if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes the first $225,000 plus one-half of the rest, and the decedent's descendants share the balance. With no spouse, the estate goes to descendants by representation; if none, to parents; then to descendants of parents (siblings and their descendants); then half to paternal and half to maternal grandparents or their descendants; then to next of kin. Minn. Stat. §§ 524.2-102, 524.2-103

If the decedent leaves a spouse and no children or descendants of children, the spouse inherits the entire estate. If there are children or their descendants, the spouse takes a share equal to one child's share, and the children (with descendants of a deceased child taking that child's share) divide the rest equally. With no spouse, children and their descendants take everything. If there are no children or descendants, the estate goes in equal shares to the decedent's brothers and sisters, father and mother, and descendants of deceased brothers and sisters; then to grandparents, uncles and aunts; then to the next of kin of equal degree. Miss. Code Ann. §§ 91-1-3, 91-1-7

The surviving spouse takes the entire estate if there are no descendants. If all descendants are also the spouse's, the spouse takes the first $20,000 plus one-half of the rest; if any descendant is not the spouse's, the spouse takes one-half. The remainder (or the whole estate with no spouse) goes to children and their descendants; if none, to parents, siblings and their descendants equally; then grandparents, uncles and aunts and their descendants; then more remote ancestors. Collateral relatives beyond the ninth degree do not inherit. RSMo § 474.010

Surviving spouse takes everything if the deceased left no descendants or parents, or if all the deceased's descendants are also the spouse's and the spouse has no other descendants. Otherwise the spouse takes: the first $300,000 plus 3/4 of the rest if there are no descendants but a parent survives; the first $225,000 plus 1/2 of the rest if all descendants are shared but the spouse has other descendants; or the first $150,000 plus 1/2 of the rest if the deceased has descendants who are not the spouse's. Whatever the spouse does not take goes to descendants; if none, to parents; then to brothers and sisters and their descendants; then half to paternal and half to maternal grandparents or their descendants; then to the closest relatives. Mont. Code Ann. §§ 72-2-112, 72-2-113

Surviving spouse takes everything if the deceased left no children/descendants and no parents. If there are no descendants but a parent survives, or if all descendants are also the spouse's, the spouse takes the first $150,000 plus one-half of the rest. If any descendant is not the spouse's, the spouse takes one-half. The rest goes to descendants; if none, to parents; then to brothers and sisters and their descendants; then half to paternal and half to maternal grandparents or their descendants; then to next of kin. Neb. Rev. Stat. §§ 30-2302, 30-2303

Community property: the surviving spouse already owns half, and the deceased spouse's half also goes to the surviving spouse when there is no will. Separate property: a surviving spouse with one child (or that child's descendants) takes half and the child takes half; with more than one child, the spouse takes one-third and the children share two-thirds. With no children, the spouse takes half and the parents take half (or the siblings, if no parent survives); the spouse takes all if there are no children, parents, siblings or their descendants. With no spouse or children, the parents inherit, and if none, the estate passes to siblings and more distant relatives. NRS 123.250, 134.010, 134.040, 134.050

Surviving spouse: the whole estate if the person left no children/descendants and no parent; the first $250,000 plus half the rest if all descendants are also the spouse's and the spouse has no other descendants; the first $250,000 plus three-quarters of the rest if there are no descendants but a parent survives; the first $150,000 plus half the rest if all descendants are shared but the spouse has other children; the first $100,000 plus half the rest if any of the deceased person's descendants are not the spouse's. What is left (or everything, if no spouse) goes to descendants, then parents, then brothers and sisters and their descendants, then grandparents and their descendants (split between the father's and mother's sides). Relatives beyond the fourth degree of kinship do not inherit; if no one qualifies, the estate goes to the State. N.H. RSA 561:1

Surviving spouse, civil union partner or domestic partner takes everything if there are no descendants and no parents, or if all the deceased person's descendants are also the spouse's and the spouse has no other descendants. If there are no descendants but a parent survives: the first 25% of the estate (at least $50,000, at most $200,000) plus 75% of the rest. If the spouse has other descendants, or any of the deceased person's descendants are not the spouse's: the first 25% (same $50,000–$200,000 limits) plus 50% of the rest. Whatever does not go to the spouse goes, in order, to descendants, then parents, then descendants of the parents (brothers, sisters, nieces, nephews), then grandparents (half to each side) and their descendants, then stepchildren and their descendants. A spouse with a pending divorce or certain separation agreements is not treated as a surviving spouse. N.J.S. 3B:5-3, 3B:5-4

Surviving spouse: receives the deceased spouse's half of the community property (so the spouse ends up with all community property), plus all separate property if the decedent left no descendants, or one-fourth of the separate property if there are descendants. The rest goes to descendants by representation; if none, to parents; then to the parents' descendants (brothers, sisters, nieces, nephews); then half to each side of grandparents and their descendants. NMSA 1978, §§ 45-2-102, 45-2-103

After debts, expenses and funeral costs: spouse and children (or other descendants) — spouse gets $50,000 plus half of the rest, and descendants share the remainder by representation. Spouse and no descendants — spouse takes everything. Descendants and no spouse — descendants take everything. No spouse or descendants — parents take everything; then brothers and sisters and their descendants; then grandparents or their descendants (split half to each side of the family); then first cousins once removed. Half-blood relatives inherit the same as whole-blood relatives. N.Y. Est. Powers & Trusts Law § 4-1.1

Surviving spouse and one child (or a deceased child's descendants): spouse gets one-half of real estate and the first $60,000 of personal property plus one-half of the rest. Spouse and two or more children: spouse gets one-third of real estate and $60,000 of personal property plus one-third of the rest. Spouse, no descendants, but a parent survives: spouse gets one-half of real estate and $100,000 of personal property plus one-half of the rest. Spouse with no descendants or parents: spouse takes everything. Whatever the spouse does not take (or everything, if no spouse) goes to children and their descendants; if none, to the parents; then brothers and sisters and their descendants; then grandparents, aunts and uncles split between the father's and mother's sides. N.C. Gen. Stat. §§ 29-14, 29-15

Surviving spouse takes the entire estate if no descendant or parent of the decedent survives, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants. If no descendant but a parent survives: spouse takes the first $300,000 plus three-fourths of the rest. If all the decedent's descendants are also the spouse's but the spouse has other descendants: spouse takes the first $225,000 plus one-half of the rest. If any of the decedent's descendants are not the spouse's: spouse takes the first $150,000 plus one-half of the rest. Whatever does not pass to the spouse (or everything, if there is no spouse) goes to descendants by representation; if none, to parents equally or the surviving parent; if none, to the parents' descendants (brothers, sisters, nieces, nephews) by representation; then to grandparents and their descendants, half to each side. N.D. Cent. Code §§ 30.1-04-02, 30.1-04-03

If there is a surviving spouse and no children, or all of the decedent's children are also the surviving spouse's children, the spouse takes everything. If the spouse is not the parent of the decedent's only child, the spouse takes the first $20,000 plus one-half of the rest. With more than one child, the spouse takes the first $60,000 plus one-third of the rest if the spouse is a parent of some but not all of the children, or the first $20,000 plus one-third if the spouse is the parent of none of them; the children share the remainder. With no spouse or descendants, the estate passes to parents, then siblings (and their descendants), then grandparents and their descendants, then next of kin, then stepchildren, and finally to the state. Ohio Rev. Code 2105.06

For deaths on or after July 1, 1985, the surviving spouse takes: (a) everything if there are no descendants, parents or siblings; (b) if there are no descendants but a parent or sibling survives, all property acquired by the joint industry of the spouses during the marriage plus one-third of the rest; (c) one-half of the whole estate if all of the decedent's descendants are also the surviving spouse's descendants; (d) if any descendant is not the surviving spouse's, one-half of the jointly acquired property plus an equal child's share of the other property. The rest (or everything, if there is no spouse) goes to children and descendants of deceased children by representation; if none, to parents; if none, to descendants of parents (siblings, nieces and nephews); if none, half to paternal and half to maternal grandparents or their descendants; then to the next of kin. If there are no relatives, the estate goes to the state for the support of public schools. 84 O.S. § 213(B)

Surviving spouse: the entire estate if all of the decedent's descendants are also descendants of the surviving spouse, or if there are no descendants; one-half if any descendant of the decedent is not a descendant of the surviving spouse. The rest (or everything, if there is no spouse) passes to descendants by representation; if none, to parents; if none, to brothers and sisters and the descendants of deceased siblings; if none, to grandparents and their descendants. If no relative takes, the estate goes to the State of Oregon. ORS 112.025; ORS 112.035; ORS 112.045; ORS 112.055

Surviving spouse: the entire estate if the decedent left no descendants and no parent; the first $30,000 plus one-half of the rest if there are no descendants but a parent survives, or if all of the decedent's descendants are also descendants of the surviving spouse; one-half of the estate if any of the decedent's descendants are not the surviving spouse's descendants. Anything the spouse does not take (or everything, if there is no spouse) passes to descendants; if none, to parents; if none, to brothers and sisters and their descendants; if none, to grandparents (half to each side) and their children and grandchildren; if none, to aunts and uncles and their children and grandchildren. If there are no such relatives, the estate passes to an endowed community fund held by a qualifying community foundation in the decedent's municipality, then school district, then county, and only if none exists to the Commonwealth. 20 Pa.C.S. § 2102; § 2103; § 2104

Real estate passes first to the children (or their descendants), then to the parents, then to brothers and sisters and their descendants. A surviving spouse receives a life estate in the real estate, and the probate court may also, on a petition filed within six months after notice of the administrator's appointment is first published, award the spouse up to $150,000 of real estate outright (if not needed to pay debts). Of the personal property left after debts, the spouse receives one-half if there are children or other descendants; if there are none, the spouse receives $50,000 plus one-half of the rest. R.I. Gen. Laws §§ 33-1-1, 33-1-5, 33-1-6, 33-1-10

Spouse and no children or other descendants: spouse takes the entire estate. Spouse and descendants: spouse takes one-half and the descendants share the other half. No spouse: descendants take everything; if none, parents; then the parents' descendants (brothers, sisters, nieces, nephews); then grandparents and their descendants, then great-grandparents and their descendants, split between the paternal and maternal sides. S.C. Code §§ 62-2-102, 62-2-103

Surviving spouse: the entire estate if the decedent left no descendants or if all of the decedent's surviving descendants are also descendants of the spouse; if any of the decedent's descendants are not the spouse's descendants, the spouse takes the first $100,000 plus one-half of the balance. The rest (or everything, if there is no spouse) passes to descendants by representation; if none, to the parents equally (or the surviving parent); if none, to the parents' descendants (brothers, sisters, nieces and nephews) by representation; if none, half to the paternal and half to the maternal grandparents or their descendants (one side takes all if the other has no one). SDCL 29A-2-102; SDCL 29A-2-103

Surviving spouse: the entire estate if the decedent left no descendants; if there are descendants, the greater of one-third or a child's share of the estate. The rest (or everything, if there is no spouse) passes to the decedent's descendants (by representation if of unequal degree); if none, to the parents equally; if none, to brothers and sisters and the descendants of deceased siblings; if none, half to the paternal grandparents or their descendants and half to the maternal side (all to one side if the other has no survivors). Tenn. Code Ann. § 31-2-104

No spouse: everything to children and their descendants; if none, to the parents equally (if one parent survives, half to that parent and half to siblings and their descendants); if no parents, to siblings and their descendants; then to the grandparents' lines. Spouse survives: community property goes entirely to the spouse if all the decedent's children are also the spouse's children (or there are none); if the decedent had a child who is not the spouse's child, the decedent's half of the community property goes to the decedent's children. Separate property with children: the spouse gets one-third of the personal property and a life estate in one-third of the land; the children get the rest. Separate property with no children: the spouse gets all personal property and half the land; the other half goes to parents and siblings (all to the spouse if none survive). Tex. Estates Code §§ 201.001-201.003

Surviving spouse: the entire estate if the decedent has no surviving descendants, or if all of the decedent's descendants are also descendants of the surviving spouse; otherwise the first $75,000 plus one-half of the balance. The rest (or everything, if there is no spouse) passes to descendants per capita at each generation; if none, to parents; if none, to descendants of the parents (siblings, nieces and nephews); if none, half to paternal and half to maternal grandparents or their descendants; if none, to descendants of a deceased spouse. If there is no taker, the estate goes to the state for the permanent state school fund. Utah Code §§ 75-2-102, 75-2-103, 75-2-105

After debts, funeral charges, allowances and administration expenses, the surviving spouse takes the entire estate if the decedent left no descendants or if all of the decedent's descendants are also descendants of the surviving spouse; the spouse takes one-half if any descendant of the decedent is not a descendant of the spouse. Whatever does not pass to the spouse goes to descendants by representation; if none, to the parents equally (or the surviving parent); if none, to brothers and sisters and the descendants of deceased siblings; if none, to grandparents (half to each side); if none, to the next of kin in equal degree. A person must survive the decedent by 120 hours to inherit. 14 V.S.A. §§ 311, 314, 337

Surviving spouse: the entire estate, unless the decedent left children or their descendants who are not also the surviving spouse's children or descendants; in that case the spouse takes one-third and the decedent's children and their descendants take two-thirds. With no surviving spouse, the estate passes to children and their descendants; if none, to parents; if none, to brothers and sisters and their descendants; if none, half to the relatives of each parent (grandparents, then aunts and uncles and their descendants, then great-grandparents, and so on). If no relatives on either side survive, the estate passes to the relatives of the decedent's most recent spouse (if married at that spouse's death); otherwise real estate escheats and personal property goes to the Commonwealth. Relatives of the half blood take half as much as those of the whole blood. Va. Code § 64.2-200; § 64.2-201; § 64.2-202

Surviving spouse or registered domestic partner: all of the decedent's share of the community property, plus a share of the separate property: one-half if the decedent left descendants; three-quarters if there are no descendants but a parent or a parent's descendants (such as siblings) survive; all of it if none of those survive. The rest (or everything, if there is no spouse or partner) goes to descendants; if none, to parents; if none, to the parents' descendants (siblings, nieces and nephews); if none, to grandparents, then to their descendants. Property with no heirs escheats to the state. RCW 11.04.015; chapter 11.08 RCW

Surviving spouse: the entire estate if the decedent left no descendants, or if all of the decedent's descendants are also the spouse's descendants and the spouse has no other descendants; three-fifths if all of the decedent's descendants are also the spouse's but the spouse has other descendants; one-half if any of the decedent's descendants are not the spouse's. The rest (or everything, if there is no spouse) passes to descendants by representation; if none, to parents equally or the surviving parent; if none, to descendants of the parents (brothers, sisters, nieces, nephews) by representation; if none, half to paternal and half to maternal grandparents or their descendants. If there is no taker, the estate passes to the state. W. Va. Code § 42-1-3; § 42-1-3a; § 42-1-3c

Surviving spouse or domestic partner: the entire estate if there are no surviving descendants, or if all of the decedent's descendants are also descendants of the surviving spouse or partner. If any descendant is not also the survivor's descendant, the spouse or partner takes one-half of the decedent's property other than the decedent's interest in marital property and property held with the survivor as tenants in common; the rest passes to the descendants per stirpes. With no spouse or partner, everything goes to descendants per stirpes; if none, to the parents; if none, to brothers and sisters and the descendants of deceased siblings; if none, half to the maternal grandparents (or their descendants) and half to the paternal side. If there are no heirs, the estate escheats to the state. Wis. Stat. § 852.01

If the decedent leaves a spouse and children (or descendants of children), the spouse takes one-half and the children and descendants of deceased children take the other half. If there is a spouse but no children or descendants, the spouse takes the entire estate. With no spouse, the estate goes to children and descendants of deceased children; if none, in equal parts to the father, mother, brothers and sisters (with descendants of deceased siblings taking their parent's share); if none of these, to grandparents, uncles, aunts and their descendants. W.S. 2-4-101