What happens if you die without a will in the US?
State intestate succession statutes control. A surviving spouse usually inherits everything if there are no children, or shares the estate with the children if there are. The exact split depends on whether your state follows the Uniform Probate Code, is a community property state, and whether all children are shared with the surviving spouse.
How much does a spouse inherit under intestacy?
Under the Uniform Probate Code, a spouse inherits the entire estate when all children are shared, or the first $150,000 plus half the balance when the decedent has other descendants. Community property states like California give the spouse all community property and a fraction of separate property. Non-UPC states often split one-half to the spouse.
What is the difference between community property and separate property?
In the nine community property states, most assets acquired during marriage are owned equally by both spouses; that half automatically passes to the survivor. Separate property (owned before marriage or received by gift or inheritance) is distributed under the intestacy statute, often shared between spouse and children.
Do stepchildren inherit under intestacy?
Generally no. Intestate succession follows biological and legally adopted descendants. Stepchildren who were never adopted usually do not inherit under the default statute, which is a common reason blended families are urged to make a will.