Intestacy Laws by State: What Happens Without a Will
Every state has its own rules for distributing your assets if you die without a will. These rules — called intestacy laws — vary significantly. What your spouse inherits in California is very different from what they'd inherit in New York.
⚠️ Disclaimer: This guide provides a general overview. Intestacy laws are complex and change frequently. Always consult a licensed attorney in your state for specific legal advice. This page was last reviewed February 2026.
Community Property vs. Common Law States
The biggest difference is whether your state follows community property or common law rules for marital assets:
Community Property States (9)
Assets acquired during marriage are owned 50/50 by both spouses. After death, the surviving spouse automatically keeps their half.
Common Law States (41)
Assets belong to whoever earned or purchased them. After death, the surviving spouse's share is determined by intestacy law — and it's often less than you'd expect.
All other states + D.C.
State-by-State Examples
Here's how intestacy works in some of the most populated states:
California
Community PropertySpouse, No Children
100% to surviving spouse
Spouse + Children
Community property → 100% to spouse. Separate property → 1/3 spouse, 2/3 children (if 2+ kids) or 1/2 spouse, 1/2 child (if 1 kid)
No Spouse
100% to children, then parents, then siblings
Texas
Community PropertySpouse, No Children
100% to surviving spouse
Spouse + Children
Community property → 100% to spouse. Separate property (personal) → 1/3 spouse, 2/3 children. Separate property (real) → spouse gets life estate in 1/3
No Spouse
100% to children, equally divided
New York
Common LawSpouse, No Children
100% to surviving spouse
Spouse + Children
$50,000 + 1/2 of remainder to spouse; rest to children
No Spouse
100% to children, then parents, then siblings
Florida
Common LawSpouse, No Children
100% to surviving spouse
Spouse + Children
If all children are also spouse's → 100% to spouse. Otherwise → 1/2 spouse, 1/2 to children
No Spouse
100% to children, then parents (equally), then siblings
Illinois
Common LawSpouse, No Children
100% to surviving spouse
Spouse + Children
1/2 to spouse, 1/2 split equally among children
No Spouse
100% to children equally, then parents, then siblings
Pennsylvania
Common LawSpouse, No Children
100% to surviving spouse
Spouse + Children
First $30,000 + 1/2 of remainder to spouse; rest to children
No Spouse
100% to children, then parents, then siblings
What Intestacy Laws Can't Do
Intestacy laws only handle probate assets (things in your name alone). They don't cover:
- Life insurance with a named beneficiary
- 401k/IRA with a named beneficiary
- Jointly-titled bank accounts or real estate
- Assets in a trust
- Payable-on-death (POD) accounts
This is why documenting your beneficiary designations is just as important as having a will. Your family needs to know which accounts have beneficiaries and which don't.
The Bottom Line
The easiest way to avoid intestacy is to create a will. The second-most-important step is to document where everything is so your family doesn't have to figure it out while grieving. A tool like MyLifeLedger does exactly that.
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Don't leave it to intestacy.
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