Who inherits when there is no will
Dying without a valid will means the estate passes by intestate succession, and the rules come from state law rather than a national code. Many states have adopted some version of the Uniform Probate Code, which gives the surviving spouse a fixed dollar set-aside plus a fraction of the balance, with the split depending on whether the decedent left parents or children from another relationship.
Choose the family situation that matches, enter the net estate and the number of other heirs who share the remainder. Note that South Korea's rule of adding 50 percent to the spouse's share has no counterpart in the United States - here the spouse's portion is defined by set-aside amounts and fractions instead.
Basis: Uniform Probate Code section 2-102 supplies the spousal shares used here - the entire estate, the first $300,000 plus three quarters, the first $225,000 plus one half, and the first $150,000 plus one half - while section 2-103 directs the estate to descendants, then parents, then parents' descendants when no spouse survives. Figures as of September 2026; non-UPC and community property states use different rules, so check your state probate code.
This calculator is for reference only and is not legal advice. Non-probate assets such as joint accounts, beneficiary designations and trusts pass outside these rules entirely. Consult a licensed probate attorney about your specific situation.
Frequently Asked Questions
Only in some situations. Under the UPC the spouse takes the whole estate when no descendant and no parent survive, or when every descendant is also the spouse’s and the spouse has no other children. Otherwise the spouse takes a set-aside amount plus a fraction.
No. In community property states the surviving spouse generally already owns half of the community property, and intestacy governs only the decedent’s half plus separate property, so the arithmetic is different.