When someone dies without a will, state law sets a fixed order for who inherits. The intestate succession heir order starts with the surviving spouse and children, moves to parents, then siblings and their descendants, then grandparents and their descendants (aunts, uncles, cousins), and finally reaches the state itself if no relative can be found. Every state writes its own version of this hierarchy, and many borrow from the Uniform Probate Code, but the basic shape is the same across the country.
Which Assets Actually Follow the Heir Order
Intestacy rules only govern probate property: assets titled solely in the deceased person’s name with no built-in transfer mechanism. A large share of what people own passes outside this system and goes directly to a named beneficiary or co-owner no matter what the statute says.
- Retirement accounts like IRAs and 401(k)s go to whoever is named on the account paperwork.
- Life insurance proceeds go to the named beneficiary, unless no beneficiary is listed or the estate itself is named.
- Property held in joint tenancy with right of survivorship transfers automatically to the surviving co-owner.
- Transfer-on-death and payable-on-death accounts, including TOD real estate deeds in states that allow them, pass to the person on the designation form.
- Assets inside a revocable living trust are distributed under the trust’s terms, not the intestacy statute.
If a beneficiary designation is missing, outdated, or names someone who already died, the asset can fall back into the probate estate and get swept into the heir order along with everything else.
The Surviving Spouse Comes First
A legally married spouse holds the strongest claim in virtually every state. How much the spouse receives depends on who else survived.
Under the Uniform Probate Code, the spouse takes the entire estate if the deceased left no descendants and no surviving parent. If a parent survives but there are no children, the spouse receives the first $300,000 plus three-fourths of the balance. If all of the deceased’s children are also the spouse’s children but the spouse has other children from a different relationship, the spouse receives the first $225,000 plus half the balance. If the deceased had children who are not the spouse’s children, the spouse receives the first $150,000 plus half the balance. States that have not adopted the UPC use their own formulas, and some give the spouse a flat fraction such as one-third or one-half instead.
In the nine community property states, the surviving spouse already owns half of all property earned during the marriage. The deceased spouse’s half of the community property typically passes entirely to the survivor. Separate property owned before the marriage or received individually as a gift or inheritance may be split with other relatives.
Unmarried partners generally have no claim. Only about a dozen states still recognize common-law marriage, and even in those states the couple must show they agreed to be married, lived together, and held themselves out publicly as married. Without a marriage license or a recognized legal status, a long-term partner is not an heir under intestacy law in most states.
Children and Their Descendants Are Next
After the spouse’s share is set aside, children inherit. If there is no spouse, the children typically split the entire estate equally. Biological children and legally adopted children have equal standing.
Who Counts as a Child
Adoption creates full inheritance rights in the adoptive family and, as a general rule, ends the child’s right to inherit from biological parents. The main exception is a stepparent adoption: under the UPC and roughly a third of the states, a child adopted by a stepparent can still inherit from the noncustodial biological parent, though that biological parent cannot inherit from the child.
A child conceived before the parent’s death but born afterward inherits the same share as any other child, as long as the child is born alive within the window the state requires.
Stepchildren and foster children have no automatic inheritance rights unless the deceased formally adopted them. A few states apply a doctrine called equitable adoption, which allows a child raised by someone who intended to adopt but never completed the process to inherit anyway. Courts generally require evidence that the caregiver agreed to adopt, that a genuine parent-child relationship existed, and that the child relied on the caregiver.
Grandchildren and Deeper Descendants
Grandchildren inherit only when their own parent, the deceased’s child, died first. States use one of two methods to divide the share:
- Per stirpes: each branch of the family receives an equal share. If one of three children died first, that child’s two kids split their parent’s one-third, each receiving one-sixth, while the two surviving children still take one-third each.
- Per capita at each generation: all living members of the closest generation with survivors share equally, and any share belonging to a deceased member in that generation is pooled and divided equally among the next generation down.
The UPC favors per capita at each generation, and a growing number of states follow suit. The two methods can produce noticeably different results in larger families where some branches have lost members.
Parents, Then Siblings, Then Their Children
If there is no surviving spouse and no living descendants, parents are next. Under the UPC and most state statutes, two surviving parents split the estate equally, and a single surviving parent takes everything.
Siblings inherit only when no parent survives. Brothers and sisters share equally. A few states combine parents and siblings into a single tier that shares at the same time, but that is the minority approach. When a sibling has already died, that sibling’s children, the deceased’s nieces and nephews, step into the sibling’s place and divide that share.
In most states, half-siblings who share only one biological parent inherit the same share as full siblings. A minority of states give half-blood relatives half the share a full-blood relative would receive.
A parent who abandoned the deceased child, or whose parental rights were terminated, may be barred from inheriting. Several states treat such a parent as having died first, which removes them from the distribution entirely.
Grandparents, Aunts, Uncles, and Cousins
When no spouse, descendants, parents, or siblings survive, probate courts work outward through the family tree. The next tier is typically grandparents, then their descendants, which brings in aunts, uncles, and cousins. States use one of two systems to identify the closest eligible relative.
- Degree of kinship: counts the generational steps between the deceased and each potential heir. The person with the fewest steps inherits.
- Parentelic system: identifies the nearest common ancestor and traces down that ancestor’s line, starting with the deceased’s parents and their descendants, then grandparents and their descendants, and so on.
Many states cap how far the search extends, cutting off inheritance at a certain degree of kinship or a specific generation so that very remote relatives cannot claim.
If No Relative Can Be Found
When no living relative turns up at any level, the estate escheats to the state, which often directs the property toward public purposes such as education funding. Actual escheatment is rare. Before the state can take the assets, the court requires a thorough search for heirs, including genealogical research and public notice. Most states also let a rightful heir who surfaces after escheatment file a claim to recover the property, with windows ranging from several years to no time limit at all depending on the state.
When an Heir Is Disqualified or Steps Aside
A person who feloniously and intentionally kills the deceased forfeits all inheritance rights. This slayer rule treats the killer as having died first, which removes them from the line of succession. It applies to the intestate share, life insurance benefits, joint property rights, and other transfers that would otherwise reach the killer. A murder conviction creates a conclusive presumption that the killing was felonious and intentional, but a conviction is not required; probate courts can apply the rule on civil evidence even after an acquittal.
Any heir can also voluntarily refuse an inheritance through a formal disclaimer. The disclaiming heir is treated as having died before the deceased, and the share passes to whoever is next in line under the statute. The person disclaiming does not choose who gets the property instead. Disclaimers must follow procedural rules, typically a signed writing delivered within a set timeframe, and are sometimes used for tax planning or to keep an inheritance away from creditors.
Debts and Taxes Come Off the Top
Heirs do not receive anything until the estate’s obligations are satisfied. Administrative expenses, funeral and burial costs, outstanding debts, and applicable taxes are paid first. If the estate cannot cover all claims, heirs may receive a reduced share, or nothing at all. Larger estates may also owe federal estate tax; in 2026, estates valued at or below $15,000,000 are exempt, and only the portion above that threshold is taxed.1Internal Revenue Service. IRS Releases Tax Inflation Adjustments for Tax Year 2026, Including Amendments From the One, Big, Beautiful Bill Some states impose their own estate or inheritance taxes with lower exemptions, which can further reduce what reaches the heir order.