Intestacy Provisions
Person Living
Who Receives
Person Who Died
Spouse and parent(s) but no children
Spouse: the first 25% (but not less than $50,000.00 nor more than $200,000.00) plus 75% of the balance.
Parents: the balance.
Spouse and children, all of whom are also children of the surviving spouse
Spouse: 100% of the estate
Children: nothing
Spouse and children, some of whom are not children of the surviving spouse.
Spouse: the first 25% (but not less than $50,000.00 nor more than $200.000.00) plus one 50% of the balance.
Children of the Decedent: the balance.
Spouse and children, all of whom are also children of surviving spouse but surviving spouse also has children by someone other than the decedent.
Spouse: the first 25% (but not less than $50,000.00 nor more than $200,000.00) plus 50% of the balance.
Children of the Decedent: the balance.
Spouse and step-children (children of surviving spouse are not the Decedent's Children).
Spouse: 100% of the estate
Step-children but no descendants, parents, descendants of parents or descendants of grandparents
Step-children: 100% of the estate