All Comparison Tables
Intestate Spouse Share by State
Federal & State Law Editorial TeamLast reviewed: April 2026
What share of an estate the surviving spouse receives when there is no will, with and without children.
50 States2 data columnsLast updated: January 2026
Click any column header to sort ascending or descending. Click again to reverse, and a third time to reset.
| With Children | No Children | Spouse % |
|---|---|---|
| 50% + $50K | 100% | Varies |
| 100% (joint) | 100% | 100% |
| 100% (joint) | 100% | 100% (community) |
| 1/3 dower | 100% | 1/3-100% |
| 100% community + 1/3-1/2 | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 100% + $100K | 100% | Varies |
| 50% + $50K | 100% | Varies |
| 100% (joint) | 100% | 100% homestead |
| 1/3-1/2 | 100% | 1/3-100% |
| 100% (joint) | 100% | Varies |
| 100% community + 1/2 | 100% | Varies |
| 50% | 100% | 50% |
| 50% | 75% | 50-100% |
| 100% (joint) | 100% | Varies |
| 50% | 100% | 50% |
| 50% | 100% | 50% |
| 100% community | 100% | Usufruct |
| 100% (joint) | 100% | Varies |
| 50% + $40K | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 100% (joint) | 100% | Varies |
| Equal share | 100% | Per stirpes |
| 50% + $20K | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 100% + $100K | 100% | Varies |
| 100% community + 1/3 | 100% | Varies |
| 100% + $250K | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 100% community + 1/4 | 100% | Varies |
| 100% + $50K | 100% | Varies |
| 50% + $60K | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 50% | 100% | 50% |
| 100% (joint) | 100% | Varies |
| 50% + $30K | 100% | Varies |
| Life estate | 100% | Varies |
| 50% | 100% | 50% |
| 100% + $100K | 100% | Varies |
| 1/3 minimum | 100% | 1/3-100% |
| 100% community + 1/3 | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 1/3 | 100% | 1/3-100% |
| 100% community + 1/2 | 100% | Varies |
| 100% (joint) | 100% | Varies |
| 100% community | 100% | Varies |
| 50% | 100% | 50% |
| 100% + $100K | 100% | Varies |
Community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) treat marital property differently from common-law states. Elective share laws give spouses additional protection against disinheritance.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.