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