How Will My Estate be Distributed if I Die Without a Will?

If the Decedent is Survived by:
  • Spouse only-spouse receives entire estate.
  • Spouse and minor children of the decedent- spouse receives a proportionate amount of the estate with the children but never receives less than one-third, children share remaining two-thirds.
  • Children only of the decedent-children (does not include step-children) divide entire estate (the interest of a predeceased child passes to issue of that child).
  • Spouse and parents of the decedent- spouse receives entire estate.
  • Parents of the decedent without other heirs listed above-both parents divide entire estate or surviving parent takes all.
  • Brothers/sisters of the decedent without heirs listed above-brothers and sisters divide estate equally (share of deceased sibling goes to their issue-nieces and nephews of the decedent).
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