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About

Dying without a will, known as dying intestate, triggers specific legal protocols for asset distribution. These default rules prioritize close relatives like spouses and children before moving to parents or siblings. Complexity arises when dealing with blended families or predeceased heirs. Precision in calculating these shares prevents legal disputes and clarifies financial expectations during probate. This tool models standard intestate succession hierarchies to estimate fractional entitlement to an estate.

Variations in local law significantly impact outcomes. Some jurisdictions grant the surviving spouse the entire estate, while others split it between the spouse and children. Misunderstanding these ratios leads to incorrect assumptions about liquidity and ownership. This calculator applies common distribution logic, such as Per Stirpes, to visualize how an estate value divides among surviving kin.

intestate succession heir distribution estate planning legal calculation probate

Formulas

The core logic for distribution often relies on the concept of Net Estate Value after debts. A common formula for spousal share when children are present involves a base amount plus a fraction of the remainder.

Sharespouse = Base + 12 × {
Estate Base if Estate > Base0 otherwise

When dividing among children (n), the remaining estate (Erem) is split equally in a standard per capita scenario:

Sharechild = Eremn

Reference Data

ScenarioSpouse ShareChildren ShareParents ShareNotes
Spouse Only (No Issue/Parents)100%0%0%Common in community property states
Spouse & Children (Shared)50%50%0%Children split the remaining half equally
Spouse & Parents (No Issue)75%0%25%Varies by jurisdiction (often UK/US rules)
Children Only (No Spouse)0%100%0%Divided per stirpes among descendants
No Spouse/Children/Parents0%0%0%Goes to siblings or remote kin (Escheat)

Frequently Asked Questions

In a Per Stirpes system, the share intended for the deceased child passes down to their own children (the decedent's grandchildren). In a Per Capita system, the shares might be redistributed equally among the surviving generation.
Generally, no. Assets held in 'Joint Tenancy with Right of Survivorship' pass directly to the co-owner and bypass the intestate probate process entirely. This tool calculates the probate estate only.
Legally adopted children almost always receive the same inheritance rights as biological children. Stepchildren who were never legally adopted typically receive nothing under intestate laws.
The standard hierarchy is: Spouse, Children/Descendants, Parents, Siblings, Grandparents, then Aunts/Uncles. If no relatives are found, the estate escheats to the state.