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Intestate Succession Calculator
Estimate who inherits when someone dies without a will, modeled on the Uniform Probate Code (UPC).
How intestate succession works, in general
When someone dies without a valid will, state law — not the decedent's wishes — decides who inherits. Every state has an "intestate succession" or "intestacy" statute that ranks potential heirs and sets their shares. This calculator models the Uniform Probate Code (UPC), a model statute drafted for states to adopt; roughly 18 states have adopted it in full or in a close variant. It's a useful general-education reference precisely because it's the most standardized framework in wide use — but it is not the law everywhere, and even UPC states sometimes tweak the exact dollar figures.
Under UPC §2-102, a surviving spouse's share depends on two questions: whether the decedent has any surviving descendants (children, grandchildren, etc.), and if so, whether all of them are also the spouse's descendants. If there are no descendants and no surviving parent, the spouse inherits everything. If there are no descendants but a parent survives, the spouse takes the first $300,000 plus three-quarters of the rest. If every descendant is shared with the spouse and the spouse has no other descendants, the spouse again inherits everything. If descendants are shared but the spouse also has descendants of their own, the spouse takes the first $225,000 plus half the rest. And if the decedent has any descendants who are not the spouse's, the spouse takes the first $150,000 plus half the rest. In every case, whatever balance remains after the spousal share passes to the decedent's descendants under UPC §2-103, divided "per stirpes" (by representation) so that each line of descent — down through grandchildren if a child died first — receives an equal share.
When there's no surviving spouse, the UPC's default order is: descendants first, then parents, then the descendants of parents (siblings, nieces, nephews), then grandparents and their descendants, and finally more distant next of kin — with the property escheating to the state only if truly no heir can be found. This calculator models the first three tiers; more distant cases genuinely need an attorney's help tracing the family tree correctly.
Frequently asked questions
What does "intestate succession" mean?
It's the legal process that decides who inherits a person's property when they die without a valid will. Every state has its own intestacy statute that sets out, in order, which relatives inherit and in what shares. This calculator only models one such statute — the Uniform Probate Code — as a general-education reference, not the law of any specific state.
Is the Uniform Probate Code the law in my state?
Only if your state has adopted it. Roughly 18 states have adopted the UPC in full or in a close variant. The rest of the states have their own, often substantially different, intestate succession statutes — different dollar thresholds, different spousal fractions, and sometimes a different order of heirs entirely. Always check your own state's probate code or ask a licensed attorney there.
Does this account for community property?
No. This calculator treats the entire estate as one pool of separate property. It does not model community-property rules, which apply in Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin and can change spousal shares substantially — in most of those states a surviving spouse already owns half of community property outright, before intestate succession is even applied to the decedent's remaining half.
What assets does intestate succession NOT cover?
Anything that already has a named beneficiary or a built-in survivorship right passes outside of probate and intestate succession entirely — for example, property held in joint tenancy with right of survivorship, payable-on-death and transfer-on-death bank or brokerage accounts, and life insurance or retirement accounts (401(k), IRA) with a named beneficiary. Those pass directly to the named person or surviving joint owner regardless of what a will or intestacy statute says.
How do I avoid intestate succession outcomes?
Write a valid will (and keep it updated). A will lets you choose your own heirs and shares, name an executor and a guardian for minor children, and generally avoids the default statutory outcome altogether. Beneficiary designations and trusts are additional tools worth discussing with an estate attorney.