Surviving Spouse Only Inheritance by State
Surviving Spouse Only Inheritance by State — plain comparison table with state law citations.
Plain inheritance tables — no accounts, no forms, no personal data collected.| State | Spouse share | Children share | Other heirs |
|---|---|---|---|
| Alabama | All | — | — |
| Alaska | All | — | — |
| Arizona | All community + 1/2 separate | 1/2 separate | Parents |
| Arkansas | All | — | — |
| California | All community + 1/2 separate | 1/2 separate | Parents |
| Colorado | All | — | — |
| Connecticut | All | — | — |
| Delaware | All | — | — |
| Florida | All | — | — |
| Georgia | All | — | — |
| Hawaii | All | — | — |
| Idaho | All community + 1/2 separate | 1/2 separate | Parents |
| Illinois | All | — | — |
| Indiana | All | — | — |
| Iowa | All | — | — |
| Kansas | All | — | — |
| Kentucky | All | — | — |
| Louisiana | All community + 1/2 separate | 1/2 separate | Parents |
| Maine | All | — | — |
| Maryland | All | — | — |
| Massachusetts | All | — | — |
| Michigan | All | — | — |
| Minnesota | All | — | — |
| Mississippi | All | — | — |
| Missouri | All | — | — |
| Montana | All | — | — |
| Nebraska | All | — | — |
| Nevada | All community + 1/2 separate | 1/2 separate | Parents |
| New Hampshire | All | — | — |
| New Jersey | All | — | — |
| New Mexico | All community + 1/2 separate | 1/2 separate | Parents |
| New York | All | — | — |
| North Carolina | All | — | — |
| North Dakota | All | — | — |
| Ohio | All | — | — |
| Oklahoma | All | — | — |
| Oregon | All | — | — |
| Pennsylvania | All | — | — |
| Rhode Island | All | — | — |
| South Carolina | All | — | — |
| South Dakota | All | — | — |
| Tennessee | All | — | — |
| Texas | All community + 1/2 separate | 1/2 separate | Parents |
| Utah | All | — | — |
| Vermont | All | — | — |
| Virginia | All | — | — |
| Washington | All community + 1/2 separate | 1/2 separate | Parents |
| West Virginia | All | — | — |
| Wisconsin | All community + 1/2 separate | 1/2 separate | Parents |
| Wyoming | All | — | — |
Source: state probate codes, last reviewed 2026.
Frequently Asked Questions
What is intestate succession?
It is the default set of rules a state uses to distribute a dead person's property when there is no valid will.
Does a surviving spouse always get everything?
No. If the deceased had children from another relationship, the spouse usually shares with those children. The split varies by state.
What does "per stirpes" mean?
It means a deceased person's share passes to their own descendants (e.g., a grandchild steps into a deceased parent's share). See the Glossary for the per-capita contrast.
Is this legal advice?
No. InheritByState is a reference only. Confirm the current law with the state probate code or a probate attorney.