What is intestate succession?

This is not a substitute for legal advice. An attorney must be consulted.

ALABAMA

In Alabama, an intestate estate first all goes to the surviving spouse if the decedent had no surviving issue or parents. If there is a surviving parent, then the spouse takes the first $100,000 plus half of the balance. If all decedent's issue are also issue of the surviving spouse, then spouse takes the first $50,000 plus half the balance; and if decedent is survived by at least one issue who is not also issue of the surviving spouse, then spouse takes half.

The share that does not pass to the surviving spouse, first goes to the children of the decedent in equal shares. If a child is deceased, that child's children take his or her share. If no issue survive, then this share passes to the surviving parent or parents equally. If both parents are deceased, then it passes to the brothers and sisters of the decedent, and if any of them are deceased, their children will take their share. Half blood relatives inherit the same as if they were whole blood. If no one has inherited under this scheme, the formula continues to more remote kin and, eventually, the state becomes the beneficiary, if no relative claims the share. Ala. Code Sec. 43-8-41,42,43,44,46.

ALASKA

An intestate estate will pass entirely to the surviving spouse if the decedent left no surviving issue or parents. If the decedent is survived by any descendants, the surviving spouse receives 1/2 the estate. If the decedent left no descendants, but is survived by one or both parents, the surviving spouse receives 3/4 of the estate. If the decedent is survived by descendants who are not also issue of the surviving spouse, then the spouse will receive only a life estate and 1/3 of the real estate owned by the decedent and will receive the regular statutory share in the personal property. (Section 13.11.010)

The share of the estate which does not pass to the surviving spouse or in the case there is no surviving spouse, will be distributed as follows, with each class taking to the exclusion of other classes: First, to the issue of the decedent; if a child is deceased but leaves children surviving, they will take the child's share, and so on to more remote degrees of descendants; next, if there is a surviving spouse but no surviving descendants, then to the decedent's surviving parents; if there is neither a surviving spouse nor descendants, then to the surviving parents and brothers and sisters and if deceased to their issue by representation, however, each parent will take no less than 1/4 of the net estate; if there are no surviving parents or brothers or sisters, then to nieces and nephews equally or if one is deceased, to their issue by representation; next to surviving grandparents; and finally, if no one has taken the estate, it is divided into equal shares of the sum of aunts and uncles surviving the decedent plus the number of deceased aunts and uncles who left issue surviving, then the shares shall pass to each of the aunts and uncles and to their issue by representation. (Section 13.11.015)

ARIZONA

An intestate estate first goes entirely to the surviving spouse, provided the decedent left no surviving issue or if the surviving issue are also issue of the surviving spouse. If the decedent left any issue who are not also issue of the surviving spouse, then the surviving spouse takes 1/2 of the decedent's separate property and receives no interest in the decedent's...

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