If a person does not have a Will and passes with property in their own individual name, the decedent’s assets will be distributed as follows:
- If there is a surviving spouse but no surviving children, the surviving spouse will inherit the entire estate.
- If there is a surviving spouse and surviving children who are all also the current spouse’s children, the surviving spouse will receive $20,000.00 plus 50% of the remaining estate. The surviving children or their descendants will equally divide the other 50%.
- If there is a surviving spouse and surviving children who are not all also the current spouse’s children, the surviving spouse will receive 50% of the estate and the surviving children or their descendants will equally divide the other 50%.
- If there is not a surviving spouse, the entire estate will be distributed equally to the decedent’s children or their descendants.
- If there is no surviving spouse, children or descendants, the entire estate will be distributed equally to the decedent’s father, mother, brothers and sisters, or their descendants.
- If there is no surviving spouse, children, descendants, father, mother, brother or sister, the entire estate will be distributed equally to the decedent’s grandfathers, grandmothers, uncles and aunts, or their descendants.