If there is no will, then who gets what?


If someone dies with:Here's who gets what:
descendants, but no spousechildren inherit everything; if any children are deceased, then their children (decedent's grandchildren) inherit their deceased parent's share
spouse, but no descendants  or parentsspouse inherits everything
spouse and descendants only shared with that spousespouse inherits everything 
spouse and children from someone other than spousespouse inherits the first 25% of intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance; children of decedent share remaining balance of the estate; if any children are deceased, then their children (decedent's grandchildren) inherit their deceased parent's share
spouse and descendants shared with spouse, 
but your spouse also has descendants with someone else
spouse inherits the first 25% of intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance; decedent's children inherit everything else; stepchildren do not inherit 
spouse and parents (no descendantsspouse inherits the first 25% of  intestate property (but not less than $50,000 or more than $200,000), plus 3/4 of the balance; parents inherit remaining remainder
parents but no spouse or descendants parents inherit everything; if no parents survive, siblings of decedent inherit equally; if any siblings are deceased, then their children (decedent's nieces/nephews) inherit their deceased parent's share
siblings, but no spouse, descendants , or parentssiblings inherit everything; if any siblings are deceased, then their children (decedent's nieces/nephews) inherit their deceased parent's share


Descendants are children, grandchildren, great grandchildren, etc. 



Show All Answers

1. Do I need an attorney for this process?
2. If there is no will, then who gets what?
3. What do I do with a vehicle registered only in the decedent's name?
4. What does it mean for a will to be self-proving? What happens if the will is not self-proving?
5. The decedent hasn't spoken to closest next of kin for years. Do I still have to tell the Surrogate's Court about them?
6. What are my duties as executor or administrator?
7. Who is considered next of kin?
8. Am I personally responsible as executor/administrator for the decedent's debts?
9. What if there's not enough money in the estate to pay all debts?
10. What debts of a decedent take priority?
11. What happens if assets were left to a minor?
12. I don't think the executor or administrator is doing their job properly; what can I do?
13. The decedent is still getting social security checks. Should I call someone about this?
14. I have tax questions. Who do I contact?
15. What do I need to transfer a vehicle title?
16. Do I need to come to the Surrogate's Court if the only asset is a vehicle titled to my deceased spouse AND myself?
17. Can I obtain additional / updated estate certificates?
18. How do I obtain an EIN / Tax ID number?
19. I need to obtain a bond. Where can I get one?
20. What effect does a divorce have on a will?
21. What if I don't want my inheritance? How do I disclaim?
22. Who becomes the guardian of orphaned minors if there is no will?
23. How do I file a claim against an estate?
24. Do all states have the same probate laws?
25. What is the commission for being the representative of an estate?
26. What if the decedent died in another country?