About the Intestate Succession Calculator
When someone dies without a valid will, state intestacy law decides who inherits. The answer depends on which relatives survive and, in many states, on blended-family details — whether the children are also the surviving spouse’s children, or whether the spouse has children from another relationship. This calculator applies the statutory rules of California, New York, Florida and Ohio to your family situation and shows each heir’s share in dollars.
It is useful for families settling an estate, for anyone wondering what would happen if they died without a will, and as a quick check before talking to a probate lawyer. Shares for children are split equally by child line (per stirpes): if a child has died leaving their own children, those grandchildren share their parent’s portion.
Only property that passes by intestacy is counted — not assets with a named beneficiary, joint tenancy property, living trust assets or payable-on-death accounts. In California, enter the decedent’s half of community and quasi-community property separately, because it all goes to the surviving spouse. The model does not handle half-blood relatives, adopted-out children, simultaneous deaths, homestead or elective-share rights, or a spouse’s family allowance, any of which can change the result.
How to use the intestate succession calculator
- 1Choose the state where the person lived (real estate follows the state where it sits).
- 2Enter the net value of property that passes without a will.
- 3Say whether a spouse survives and how many children or child lines there are.
- 4Indicate whether the children are also the spouse’s — this changes the split in blended families.
- 5Enter surviving parents and siblings, then read each heir’s share.
Formula and method
The spouse’s share depends on the state. California gives the spouse all of the decedent’s community property plus all, one-half or one-third of separate property depending on whether one child, several children, or parents and siblings survive. New York gives $50,000 plus half of the rest when there are children. Florida gives everything unless there are descendants who are not the spouse’s (or the spouse has other descendants), in which case one-half. Ohio gives everything when all children are the spouse’s, otherwise a $20,000 or $60,000 preferred amount plus one-half or one-third of the balance.
Whatever the spouse does not take passes in a fixed order: descendants (split equally by child line), then parents equally, then siblings and the descendants of deceased siblings, then grandparents’ lines. The calculator uses the net estate passing by intestacy and divides equally within each group.
- Per stirpes
- Equal shares per child line; a deceased child’s descendants take that child’s share
- Community property
- California marital property; the decedent owns one-half
- Separate property
- Property owned before marriage or received by gift or inheritance
Worked examples
California couple with two children
The spouse takes the decedent’s $400,000 half of community property plus one-third of the $600,000 separate property ($200,000), for $600,000. The two children share the other $400,000 of separate property, $200,000 each.
New York, spouse and three children
The spouse receives $50,000 plus half of the remaining $450,000 ($225,000) = $275,000. The children split the other $225,000 equally, $75,000 each.
Florida blended family
Because one of the decedent’s children is not the spouse’s, Florida gives the spouse one-half ($200,000) and the descendants the other half, $100,000 per child.
Ohio, spouse is parent of one of two children
The spouse takes the first $60,000 plus one-third of the remaining $240,000 ($80,000) = $140,000. The two children split $160,000, $80,000 each.
Single person, one parent living
With no spouse or children, California gives the whole $600,000 to the surviving parent; siblings inherit only if neither parent survives.
Frequently asked questions
Who inherits if you die without a will?+
Your state’s intestacy statute decides. In most states a surviving spouse takes all or a large share, children share the rest equally, and if there is no spouse or children the estate goes to parents, then siblings, then more distant relatives. The state takes it only if no relatives can be found.
Does a spouse inherit everything without a will?+
Not always. In Florida and Ohio the spouse takes everything only when all of the decedent’s children are also the spouse’s. In New York the spouse gets $50,000 plus half of the rest if there are children, and in California the spouse can get as little as one-third of separate property.
What does per stirpes mean?+
Per stirpes means each child of the deceased represents a branch. If a child died before the parent, that child’s own children split the share their parent would have received, instead of every grandchild taking an equal head count share.
Do stepchildren inherit under intestate succession?+
Generally no. Stepchildren who were never legally adopted are not heirs in most states unless there are no other relatives; California allows stepchildren to inherit in limited cases where a parent-child relationship began during minority and adoption was prevented by a legal barrier.
Which assets are not covered by intestacy law?+
Life insurance and retirement accounts with named beneficiaries, payable-on-death and transfer-on-death accounts, jointly owned property with right of survivorship, and assets held in a living trust pass directly to the named person and are not part of the intestate estate.
Results are general estimates and not legal advice. Laws vary by jurisdiction — consult a qualified attorney.
Sources
- California Probate Code §6401 — intestate share of surviving spouse
- California Probate Code §6402 — share of other heirs
- New York EPTL §4-1.1 — descent and distribution
- Florida Statutes §732.102 — spouse’s share
- Florida Statutes §732.103 — share of other heirs
- Ohio Revised Code §2105.06 — statute of descent and distribution