When someone dies without a will, state intestate law sets who inherits and in what order. Here is the priority list, your rights as an heir, and how to access your inheritance before probate closes.
This content is for informational purposes only and does not constitute legal advice. Laws vary by state and are subject to change. Consult a qualified attorney for guidance on your specific legal situation.
Next of kin means a person's closest living relatives by blood, marriage, or legal adoption. When someone dies without a will, the order in which those relatives inherit is set by each state's intestate succession statute, and the table below gives that order, the surviving spouse's share when there are children, and the statute that sets it for the 40 states where we have confirmed all three. The law also uses the term for the person contacted or authorized to act when a family member dies or is incapacitated.
When someone dies without a will, next of kin inherit in a legal priority order set by state law: surviving spouse first, then children (biological and legally adopted), then grandchildren, parents, siblings, nieces and nephews, aunts and uncles, and finally cousins. The specific share each relative receives varies by state, but the order is nearly universal across the United States. If you are in this order, you have legal inheritance rights that begin the moment the estate enters probate.
Next of kin heirs have three practical questions: where you sit in the order, what share of the estate you are entitled to under your state's intestate succession law, and when you actually get the money. Probate can take 6 to 18 months to close, which is why CSF offers probate advances, a way for heirs to access a portion of their inheritance now, repaid directly from the estate when it distributes.
Below, we walk through the full next-of-kin inheritance order, the rights each category of heir has, and what happens when a will exists, a healthcare proxy is involved, or the estate runs into disputes.
Next of kin waiting for probate to close? CSF provides probate advances so heirs can access their inheritance now, repaid from the estate when it distributes. Learn how it works or call (800) 317-3769.
Legal Definition of Next of Kin
In estate law, next of kin is the framework that determines who inherits when someone dies without a will. The state’s intestate succession laws, many of which are based on the Uniform Probate Code (opens in a new tab), dictate the priority order and share that each category of next of kin receives. If someone dies with a valid will, the will controls distribution and the next of kin hierarchy doesn't apply.
In medical law, next of kin refers to the person authorized to make healthcare decisions for an incapacitated patient who hasn't designated a healthcare proxy or power of attorney. Any formally designated healthcare proxy overrides the next of kin hierarchy regardless of family relationship.
How States Define the Term
Most states treat "next of kin" as the people who would inherit under the intestacy statute, not simply the nearest blood relatives. A September 30, 2026 Westlaw survey of all 50 states and D.C. found 44 jurisdictions that read the term that way, 22 of them with a statutory definition or construction rule in the probate code itself. New York says it directly: under EPTL § 2-1.1, "next of kin" means the distributees under EPTL § 4-1.1. California's Probate Code § 21114 and Massachusetts's M.G.L. c. 190B § 2-711 apply the Uniform Probate Code's rule that "heirs," "next of kin," and "relatives" all mean the intestate successors, and both codes also use "next of kin in equal degree" as the last class in the succession order.
Whether a surviving spouse counts is the point that divides states. The survey found 36 jurisdictions that include the spouse, 14 of them with the Uniform Probate Code's caveat that a spouse who has remarried is not treated as an heir for a future interest, and nine that treat the spouse as a separate class ahead of next of kin rather than part of it (Alabama, Connecticut, D.C., Maryland, Nebraska, Nevada, North Carolina, Tennessee, and Wyoming). North Carolina's letters-of-administration statute, N.C. Gen. Stat. § 28A-4-1, lists the surviving spouse first and "any next of kin" separately, and Tennessee's Tenn. Code § 30-1-106 does the same. In the remaining six the answer depends on which statute is being read. For inheritance purposes the distinction rarely changes the outcome, because the spouse's share is set by the same intestacy statute either way.
Who Is Considered Next of Kin? The Legal Order
Next of kin follows a legal priority order: surviving spouse first, then children, grandchildren, parents, siblings, nieces and nephews, and finally extended relatives.
State intestate succession laws define the exact order, though rules vary by state:
- Surviving spouse, First in line in most states
- Children, Biological and legally adopted children; equal inheritance rights in all states
- Grandchildren, Inherit if their parent (the deceased's child) predeceased the deceased
- Parents, If the deceased had no surviving spouse or children
- Siblings, If no surviving spouse, children, grandchildren, or parents
- Nieces and nephews, Children of deceased siblings
- Aunts and uncles, If no closer relatives survive
- Cousins, Most states include first cousins
If the deceased had no surviving relatives at any level recognized by state law, the estate “escheats”—passes to the state government. The National Association of Unclaimed Property Administrators (NAUPA) (opens in a new tab) maintains a searchable database where potential heirs can search for unclaimed assets.
Next of Kin Order by State
Every state puts the surviving spouse and the decedent's descendants first, but the spouse's share when children survive ranges from one-third to the entire estate, and the order after siblings varies more than most heirs expect.
The table gives the order of priority, the spouse's share in the two situations that matter most (every surviving child is also the spouse's child, or at least one is not), and the statute that sets them, for the 40 states where all three are confirmed. States with an unconfirmed item are not listed rather than shown with a guess. Each row has its own anchor, from #state-alabama to #state-wyoming. California and Texas link to our full guides for those states, and the same treatment of the other states will follow.
| State | Order of priority (no will) | Spouse's share when there are children | Statute |
|---|---|---|---|
| Alabama | Spouse → descendants → parents → siblings and their descendants → grandparents and their descendants (paternal and maternal halves) | All children shared: First $50,000 plus one-half of the balance Any child not the spouse's: One-half |
Order: Ala. Code § 43-8-42 Spouse's share: Ala. Code § 43-8-41 |
| Alaska | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) | All children shared: Entire estate (first $150,000 plus one-half if the spouse has other descendants) Any child not the spouse's: First $100,000 plus one-half |
Order: Alaska Stat. § 13.12.103 Spouse's share: Alaska Stat. § 13.12.102 |
| Arizona | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) | All children shared: Entire estate, including the decedent's half of community property Any child not the spouse's: One-half of separate property; none of the decedent's half of community property |
Order: A.R.S. § 14-2103 Spouse's share: A.R.S. § 14-2102 |
| California | Spouse → issue → parents → issue of parents → grandparents and their issue → issue of a predeceased spouse → next of kin in equal degree | All children shared: Decedent's half of community property; separate property: one-half with one child, one-third with two or more Any child not the spouse's: Same (the statute does not distinguish) |
Order: Cal. Prob. Code §§ 6401, 6402 Spouse's share: Cal. Prob. Code § 6401 |
| Colorado | Spouse → descendants → parents → descendants of parents → grandparents → descendants of grandparents | All children shared: Entire estate (first $225,000 plus one-half if the spouse has other descendants) Any child not the spouse's: First $150,000 plus one-half |
Order: C.R.S. § 15-11-103 Spouse's share: C.R.S. § 15-11-102 |
| Connecticut | Spouse → children and their representatives → parents → siblings and their representatives → next of kin in equal degree → stepchildren | All children shared: First $100,000 plus one-half Any child not the spouse's: One-half |
Order: C.G.S. §§ 45a-437 to 45a-439 Spouse's share: C.G.S. § 45a-437 |
| Delaware | Spouse → issue → parents → issue of parents → next of kin and their issue | All children shared: First $50,000 of the personal estate plus one-half of the balance, plus a life estate in real estate Any child not the spouse's: One-half of the personal estate plus a life estate in real estate |
Order: 12 Del. C. § 503 Spouse's share: 12 Del. C. § 502 |
| Florida | Spouse → descendants → parents → siblings and their descendants → grandparents' lines (halves) → uncles and aunts and their descendants → kindred of the last deceased spouse | All children shared: Entire estate (one-half if the spouse has other descendants) Any child not the spouse's: One-half |
Order: Fla. Stat. § 732.103 Spouse's share: Fla. Stat. § 732.102 |
| Georgia | Spouse → children and descendants → parents → siblings and their descendants → grandparents → uncles and aunts and their children → more remote kin by degree | All children shared: An equal share with the children, never less than one-third Any child not the spouse's: Same (the statute does not distinguish) |
Order: Ga. Code § 53-2-1 Spouse's share: Ga. Code § 53-2-1(c)(1) |
| Hawaii | Spouse or reciprocal beneficiary → descendants → parents → descendants of parents → grandparents' lines → descendants of a deceased spouse → next of kin in equal degree | All children shared: Entire estate (first $330,000 plus one-half if the spouse has other descendants) Any child not the spouse's: First $220,000 plus one-half |
Order: Haw. Rev. Stat. §§ 560:2-102, 560:2-103 Spouse's share: Haw. Rev. Stat. § 560:2-102 |
| Idaho | Spouse → issue → parents → issue of parents → grandparents and their issue (halves) | All children shared: Decedent's half of community property plus one-half of separate property Any child not the spouse's: Same (the statute does not distinguish) |
Order: Idaho Code § 15-2-103 Spouse's share: Idaho Code § 15-2-102 |
| Illinois | Spouse and descendants (one-half each) → parents and siblings in equal parts → grandparents' lines (halves) → great-grandparents' lines → nearest kindred → escheat | All children shared: One-half Any child not the spouse's: One-half |
Order: 755 ILCS 5/2-1 Spouse's share: 755 ILCS 5/2-1 |
| Indiana | Spouse → issue → parents and siblings (one class) → issue of siblings → grandparents → aunts and uncles and their issue → escheat | All children shared: One-half of the net estate Any child not the spouse's: One-half of personal property; a childless second or later spouse takes only 25% of the net value of the real property |
Order: Ind. Code § 29-1-2-1 Spouse's share: Ind. Code § 29-1-2-1 |
| Maine | Spouse → descendants → parents → descendants of parents → grandparents' lines → great-grandparents' lines → descendants of a deceased spouse | All children shared: Entire estate (first $100,000 plus one-half if the spouse has other descendants) Any child not the spouse's: One-half |
Order: 18-C M.R.S. § 2-103 Spouse's share: 18-C M.R.S. § 2-102 |
| Massachusetts | Spouse → descendants → parents → descendants of parents → next of kin in equal degree | All children shared: Entire estate (first $100,000 plus one-half if the spouse has other descendants) Any child not the spouse's: First $100,000 plus one-half |
Order: M.G.L. c. 190B § 2-103 Spouse's share: M.G.L. c. 190B § 2-102 |
| Michigan | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) | All children shared: First $150,000 plus one-half (indexed) Any child not the spouse's: First $150,000 plus one-half if some children are the spouse's; first $100,000 plus one-half if none are |
Order: MCL 700.2103 Spouse's share: MCL 700.2102 |
| Minnesota | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) → next of kin in equal degree | All children shared: Entire estate (first $225,000 plus one-half if the spouse has other descendants) Any child not the spouse's: First $225,000 plus one-half |
Order: Minn. Stat. § 524.2-103 Spouse's share: Minn. Stat. § 524.2-102 |
| Mississippi | Spouse and children in equal shares → parents and siblings → grandparents, uncles, and aunts → next of kin in equal degree | All children shared: A child's share (equal shares with the children) Any child not the spouse's: Same (the statute does not distinguish) |
Order: Miss. Code § 91-1-3 Spouse's share: Miss. Code § 91-1-7 |
| Missouri | Spouse → children and descendants → parents and siblings → grandparents, uncles, and aunts → great-grandparents' line → nearest lineal ancestors (within the ninth degree) → kindred of a predeceased spouse → escheat | All children shared: First $20,000 plus one-half Any child not the spouse's: One-half |
Order: Mo. Rev. Stat. § 474.010 Spouse's share: Mo. Rev. Stat. § 474.010 |
| Montana | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) → closest degree of kinship | All children shared: Entire estate (first $225,000 plus one-half if the spouse has other descendants) Any child not the spouse's: First $150,000 plus one-half |
Order: Mont. Code § 72-2-113 Spouse's share: Mont. Code § 72-2-112 |
| Nebraska | Spouse → issue → parents → issue of parents → grandparents and their issue (halves) → next of kin in equal degree | All children shared: First $150,000 plus one-half Any child not the spouse's: One-half |
Order: Neb. Rev. Stat. § 30-2303 Spouse's share: Neb. Rev. Stat. § 30-2302 |
| New Jersey | Spouse or partner → descendants → parents → descendants of parents → grandparents' lines → stepchildren | All children shared: Entire estate (the first 25%, between $50,000 and $200,000, plus one-half if the spouse has other descendants) Any child not the spouse's: The first 25% of the estate (not less than $50,000 nor more than $200,000) plus one-half of the balance |
Order: N.J.S.A. 3B:5-4 Spouse's share: N.J.S.A. 3B:5-3 |
| New Mexico | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) → descendants of a deceased spouse | All children shared: One-fourth of separate property plus the decedent's half of community property Any child not the spouse's: Same (the statute does not distinguish) |
Order: N.M. Stat. § 45-2-103 Spouse's share: N.M. Stat. § 45-2-102 |
| New York | Spouse and issue → parents → issue of parents → grandparents and their issue (halves) → great-grandchildren of grandparents | All children shared: First $50,000 plus one-half of the residue Any child not the spouse's: Same (the statute does not distinguish) |
Order: N.Y. EPTL § 4-1.1 Spouse's share: N.Y. EPTL § 4-1.1 (VERIFIED-CLAIMS C5-e) |
| North Carolina | Spouse → children and descendants → parents → siblings and their descendants → grandparents (halves) → uncles and aunts and their descendants | All children shared: Real property: one-half with one child, one-third with two or more; personal property: the first $60,000 plus the same fraction Any child not the spouse's: Same (the statute does not distinguish) |
Order: N.C. Gen. Stat. § 29-15 Spouse's share: N.C. Gen. Stat. § 29-14 |
| North Dakota | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) → descendants of a deceased spouse | All children shared: Entire estate (first $225,000 plus one-half if the spouse has other descendants) Any child not the spouse's: First $150,000 plus one-half |
Order: N.D. Cent. Code § 30.1-04-03 Spouse's share: N.D. Cent. Code § 30.1-04-02 |
| Ohio | Spouse and children → parents → siblings and their descendants → grandparents' lines → next of kin → stepchildren → escheat | All children shared: Entire estate Any child not the spouse's: One child: first $20,000 plus one-half; more than one child: first $60,000 plus one-third if the spouse is the parent of some, first $20,000 plus one-third if of none |
Order: Ohio Rev. Code § 2105.06 Spouse's share: Ohio Rev. Code § 2105.06 |
| Oklahoma | Spouse → issue → parents → issue of parents → grandparents and their issue (halves) → next of kin in equal degree → escheat | All children shared: An undivided one-half of all property Any child not the spouse's: One-half of property acquired by joint industry during the marriage plus a child's share of the rest |
Order: 84 Okla. Stat. § 213 Spouse's share: 84 Okla. Stat. § 213 |
| Oregon | Spouse → descendants → parents → siblings and their descendants → grandparents and their descendants | All children shared: Entire estate Any child not the spouse's: One-half |
Order: Or. Rev. Stat. § 112.045 Spouse's share: Or. Rev. Stat. § 112.025 |
| Pennsylvania | Spouse → issue → parents → issue of parents → grandparents (halves) → uncles, aunts, and their children and grandchildren → Commonwealth | All children shared: First $30,000 plus one-half Any child not the spouse's: One-half |
Order: 20 Pa.C.S. § 2103 Spouse's share: 20 Pa.C.S. § 2102 |
| South Dakota | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) | All children shared: Entire estate Any child not the spouse's: First $100,000 plus one-half |
Order: S.D. Codified Laws § 29A-2-103 Spouse's share: S.D. Codified Laws § 29A-2-102 |
| Tennessee | Spouse → issue → parents → siblings and their issue → grandparents and their issue (halves) | All children shared: One-third or a child's share, whichever is greater Any child not the spouse's: Same (the statute does not distinguish) |
Order: Tenn. Code § 31-2-104 Spouse's share: Tenn. Code § 31-2-104 |
| Texas | Spouse and descendants → descendants → parents → a surviving parent and siblings → siblings and their descendants → grandparents' lines (moieties) → nearest lineal ancestors and their descendants | All children shared: All community property; one-third of separate personal property and a life estate in one-third of separate land Any child not the spouse's: The decedent's half of community property goes to the children; separate property as at left |
Order: Tex. Est. Code §§ 201.001, 201.002 Spouse's share: Tex. Est. Code §§ 201.002, 201.003 |
| Utah | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) → descendants of a deceased spouse | All children shared: Entire estate Any child not the spouse's: First $75,000 plus one-half |
Order: Utah Code § 75-2-103 Spouse's share: Utah Code § 75-2-102 |
| Vermont | Spouse → descendants → parents → siblings and their descendants → grandparents → next of kin in equal degree | All children shared: Entire estate Any child not the spouse's: One-half |
Order: 14 V.S.A. § 314 Spouse's share: 14 V.S.A. § 311 |
| Virginia | Spouse → children and descendants → parents → siblings and their descendants → each parent's kindred without end → kindred of the most recent spouse → Commonwealth | All children shared: Entire estate Any child not the spouse's: One-third (two-thirds to the children) |
Order: Va. Code § 64.2-200 Spouse's share: Va. Code § 64.2-200 |
| Washington | Spouse or registered domestic partner → issue → parents → issue of parents → grandparents (halves) → issue of grandparents | All children shared: All of the decedent's share of community property plus one-half of separate property Any child not the spouse's: Same (the statute does not distinguish) |
Order: Wash. Rev. Code § 11.04.015 Spouse's share: Wash. Rev. Code § 11.04.015 |
| West Virginia | Spouse → descendants → parents → descendants of parents → grandparents and their descendants (halves) | All children shared: Entire estate (three-fifths if the spouse has other descendants) Any child not the spouse's: One-half |
Order: W. Va. Code § 42-1-3a Spouse's share: W. Va. Code § 42-1-3 |
| Wisconsin | Spouse or domestic partner → issue → parents → siblings and their issue → grandparents' lines → escheat to the school fund | All children shared: Entire estate Any child not the spouse's: One-half of the decedent's property other than marital property |
Order: Wis. Stat. § 852.01 Spouse's share: Wis. Stat. § 852.01 |
| Wyoming | Spouse and children (one-half each) → children and descendants → parents and siblings → grandparents, uncles, and aunts and their descendants | All children shared: One-half Any child not the spouse's: Same (the statute does not distinguish) |
Order: Wyo. Stat. § 2-4-101 Spouse's share: Wyo. Stat. § 2-4-101 |
Not yet listed, because the order or the spouse's share is not confirmed to a statute: Arkansas, District of Columbia, Iowa, Kansas, Kentucky, Louisiana, Maryland, Nevada, New Hampshire, Rhode Island, South Carolina.
Two patterns run through the table. In the states that follow the Uniform Probate Code, the spouse takes everything when all the children are shared and a fixed dollar amount plus one-half when one is not, with the dollar figure set by each legislature. In the community property states, the spouse's share is stated separately for community property and for separate property, which is why the California and Texas rows read differently from the rest.
Next of Kin and Inheritance: What You Need to Know
When someone dies intestate, their estate must typically go through the probate process before any assets are distributed to next of kin heirs. Probate court validates the estate, appoints an administrator, identifies and values assets, pays debts and taxes, and ultimately distributes the remaining assets to the next of kin. We see this process take 12 to 18 months for an average estate, and longer for complex estates or disputes. For what happens inside that window, including the order in which the estate pays expenses, creditors, and heirs, our guide to how long an executor has to pay beneficiaries breaks the timeline down step by step.
For heirs who need access to funds during this waiting period, a probate advance is the practical solution. CSF provides probate advances to next of kin heirs, advancing a portion of their anticipated inheritance now, with repayment coming directly from the estate when it distributes. No monthly payments, no credit checks, and you pay nothing out of pocket. Call us at (800) 317-3769 to find out what your share might be worth. CSF evaluates the estate's assets and projected distribution, not the heir's personal finances.
State Law Variations: Why Next of Kin Rules Differ
Every state has its own intestate succession laws, and the details matter:
- Spouse's share: In some states, a surviving spouse receives the entire estate. In others, the spouse and children split the estate.
- Community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin have different spouse inheritance rules.
- Step-children: Most states don't include non-adopted step-children in next of kin order.
- Domestic partners: Some states extend next of kin status to registered domestic partners; others don't.
If you're handling an intestate estate, consult an estate attorney in the state where the deceased resided, that state's law governs. For a broader overview of the probate process, see our full guide.
How Next of Kin Status Affects Probate Advance Eligibility
Your position in the next of kin order directly determines whether you qualify for a probate advance. CSF evaluates two things: your legal entitlement to inherit (based on your next of kin priority and the state's intestate succession statute) and the estate's projected distributable value. If you are clearly within the next of kin hierarchy and the estate has sufficient assets to cover debts and your share, you are likely eligible.
We see the most straightforward cases with surviving spouses and adult children of the deceased. Cases involving more distant relatives (nieces, nephews, cousins) can take longer to evaluate because the estate attorney must confirm that no closer relatives exist. In community property states like California and Texas, the surviving spouse's share calculation differs from common law states, which can affect the advance amount CSF offers. If you are unsure where you stand, call us at (800) 317-3769 and our team can review the estate documents with you.
Next of Kin vs. Beneficiary: Key Differences
The terms "next of kin" and "beneficiary" are often used interchangeably, but they have distinct legal meanings:
- Beneficiary: A person specifically named in a will, trust, life insurance policy, or retirement account to receive assets. A beneficiary can be anyone, including friends, charities, or organizations with no family relationship to the deceased.
- Next of kin: A person's closest living relatives as defined by state intestate succession law. Next of kin status only controls inheritance when there is no valid will or other beneficiary designation.
When a will exists, named beneficiaries override next of kin. When there is no will, next of kin inherit according to state law. Life insurance proceeds and retirement accounts with named beneficiaries pass outside of probate entirely, regardless of what any will or intestate law says.
Either way, the person administering the estate has no say in the order. An administrator who pays the wrong relative first has made an unauthorized distribution, one of the nine limits in our guide to what an executor cannot do.
Are you next of kin waiting on a probate estate? CSF's attorney-backed probate advance program lets you access your inheritance share now, before probate closes. BBB A+ rated. Call (800) 317-3769 or get started online.
Frequently Asked Questions About Next of Kin
What does "next of kin" mean legally?
Legally, "next of kin" refers to a person's closest living relatives. The term is used in two main contexts: inheritance law (who inherits when someone dies without a will) and medical settings (who is authorized to make healthcare decisions for an incapacitated patient). State law governs both contexts.
Who is considered next of kin when someone dies?
The typical order: surviving spouse first, then children (including legally adopted), then grandchildren, then parents, then siblings, then nieces and nephews, then aunts and uncles, then cousins. If a valid will exists, the will overrides this order entirely.
Can a sibling be next of kin?
Yes, if someone dies without a surviving spouse, children, grandchildren, or parents, siblings become the next of kin. Siblings are typically fifth in priority, behind spouses, children, grandchildren, and parents.
Does next of kin inherit automatically?
Not automatically, the estate typically must go through probate before assets are distributed. As next of kin in an intestate estate, you have a legal right to inherit according to state law, but you must wait for probate to run its course, which takes 9 to 18 months on average. A probate advance from CSF can give you access to your anticipated share while you wait.
What rights does next of kin have in an inheritance?
If you're next of kin in an intestate estate, you have the legal right to inherit according to state law, the right to be notified of probate proceedings, and the right to review the estate's final accounting before distribution. You may also be eligible to serve as estate administrator.
Is a spouse always next of kin?
A surviving spouse is typically first in the next of kin priority order. That said, the spouse's share may be split with children in some states. A designated healthcare proxy always supersedes next of kin for medical decisions.
Can I get my inheritance before probate closes if I'm next of kin?
Yes, through a probate advance. As a next of kin heir waiting for an estate to close, you can receive a portion of your expected inheritance before probate is complete. CSF advances heirs their anticipated inheritance share, with repayment coming directly from the estate when it distributes. No monthly payments.
Sources
5 cited sources. Every authority below appears in the article above and was reviewed by our editorial team. See our editorial standards for our sourcing policy.
- StatuteCal. Prob. Code §§ 6401, 6402 (intestate share of surviving spouse; succession when no spouse) (opens in a new tab)
- StatuteTex. Est. Code §§ 201.001 to 201.003 (estate of an intestate; community estate of an intestate)
- StatuteN.Y. EPTL § 4-1.1 (descent and distribution of a decedent's estate)Spouse's $50,000 plus one-half share verified in VERIFIED-CLAIMS C5-e.
- StatuteUniform Probate Code §§ 2-102, 2-103 (share of spouse; share of heirs other than surviving spouse), as adopted by the states listed in the table (opens in a new tab)
- ReportWestlaw CoCounsel 50-state surveys, September 30, 2026: intestate order of priority and the surviving spouse's share when children survive (per-state citations in the table)Compiled in content/data/next-of-kin-50-state.json; raw survey output under briefs/raw/.
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