Trusts & Estates

The estate passes by the state's intestacy statute to heirs in the statutory order; no probate of a will occurs.

The spouse takes the entire estate if the decedent left no descendants or parents; if there are descendants or parents, the spouse takes a fixed sum plus a fraction of the balance.

Descendants take per capita at each generation (representation): the estate is divided into equal shares at the first generation with living takers, and shares of deceased members are combined and divided equally among the next generation.

An adopted child inherits from and through the adoptive parents; under the UPC adoption generally severs inheritance from the biological line.

A nonmarital child always inherits from the mother and inherits from the father if paternity is established (e.g., by acknowledgment, genetic testing, or marital presumption).