1992 State Regulations
These statutes were developed so that one could not totally disinherit a surviving spouse due to dower and curtsey. In the other scenario, if there is no will, the state can determine how assets are to be distributed- your spouse may NOT get everything since the children have a right to some assets. That may have been contrary to what your wishes truly were, but without the proper documentation, your surviving spouse may not have the adequate resources for her life.
State Spouse Receives Children Receive
Alabama $50,000 +1/2 bal remaining balance
Alaska " "
Arizona All
Arkansas 1/3 personal + life remaining estate in 1/3 realty
California 1/2 or 1/3 if more than remaining one child
Colorado $25,000 + 1/2 balance remaining
Connecticut $100,000 + 1/2 bal remaining
Delaware $50,000 + 1/2 bal remaining
Dist. Col. 1/3 2/3
Florida $20,000 + 1/2 bal remaining
Georgia 1/2 or 1/4 if more remaining than one child
Hawaii 1/2 1/2
Idaho $50,000 + 1/2 bal remaining
Illinois 1/2 1/2
Indiana 1/2 or 1/3 if more remaining than one child
Iowa All
Kansas 1/2 1/2
Kentucky 1/2 1/2
Louisiana Community property
Maine $50,000 + 1/2 balance remaining
Maryland 1/2 ($15,000 +1/2 if remaining child(ren) are adult
Mass. 1/2 1/2
Michigan $60,000 + 1/2 balance remaining
Minnesota $70,000 + 1/2 balance remaining
Miss. Equal share w/children equal share w/spouse
Missouri $20,000 +1/2 balance remaining
Montana All
Nebraska $50,000 + 1/2 balance remaining
Nevada 1/2 or 1/3 if more remaining than one child
New Hampshire $50,000 + 1/2 balance remaining
New Jersey $50,000 + 1/2 balance remaining
New Mexico 1/4 3/4
New York $4,000 + 1/2, or 1/3 remaining if more than one child
N. Carolina $15,000 + 1/2 or 1/3 if remaining more than one child
N. Dakota $50,000 + 1/2 balance remaining
Ohio $30,000 + 1/2 or 1/3 remaining if more than one child
Oklahoma 1/2 1/2
Oregon 1/2 1/2
Penn. $30,000 + 1/2 balance remaining
Rhode Is. 1/2 personal + life remaining estate in realty
S. Carolina 1/2 or 1/3 if more remaining than one child
S. Dakota 1/2 or 1/3 if more remaining than one child
Tenn. 1/2 or 1/3 if more remaining
Texas 1/3 personal + life remaining estate in 1/3 realty
Utah $50,000 + 1/2 balance remaining
Vermont 1/2 or 1/3 if more remaining than one child
Virginia All
Washington 1/2 1/2
W. Virginia 1/3 personal + life remaining estate in 1/3 realty
Wisconsin All
Wyoming 1/2
In other words, the minimum estate planning for every person is a will. So if you're not currently dead, get one done within the week. Don't leave a surviving spouse to deal with antiquated laws to determine how the assets are to be divvied up.
Intestacy Laws. (Yates) Under the general laws of intestacy, if a married man or woman dies without a will, then his or her surviving spouse will automatically receive a substantial share of the estate according to state law. Under the Uniform Probate Code, the surviving spouse would receive $50,000 plus one-half of the residue of the deceased spouse's estate. In community property states, the surviving spouse would already own one-half of the community property, and she or he would inherit the deceased spouse's entire share. She or he would also get a portion of the decedent's separate property, usually one-half or one-third, depending on the number of surviving children.