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Who inherits your property if you die intestate (without a will)?

16 March 2009, 9:43 pm

Separate property –

    1. 1. If there is no spouse – all to children.  If there are no children then to parents.
    2. 2. If there is a spouse -
      1. a. If no children – all personal property to spouse; one half of real property to spouse, balance to parents.  If no parents living and no brothers or sisters or their descendants living, all to spouse.
      2. b. if children – one third of personal property to spouse, balance to children.  Spouse has a one third life estate in real property, balance to children who also get spouse’s share once he/she dies.

Community property -

    1. 1. If there are children -
      1. a. If all children of the deceased person are children of surviving spouse – all to spouse.
      2. b. If some children of the deceased person are not also children of surviving spouse – all of decedent’s one half of the community will go to children.
    2. 2. If there are no children or descendants of the deceased – all to surviving spouse.
Filed under Inheritance, Probate Tagged 
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2 Comments

  1. Brian French says:
    March 23, 2009 at 7:30 pm

    My attorney friend Kurt has a very nice website on this subject see:
    http://www.MyStateWill.com

    Hope you find it useful.

    Bri

  2. admin says:
    March 23, 2009 at 7:40 pm

    Thanks. I think that visitors will be able to find out all they need to know about intestacy.

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