Who inherits with no spouse or children is one of the most common questions families ask after a death — and one of the hardest to answer from memory. Maybe your aunt never married. Maybe a brother outlived his wife and had no kids. Maybe you are the one planning ahead, and you want to know where your money would land if you never signed a will.
Every state has a backup plan written into its probate code. That plan is called intestate succession, and it applies when someone dies “intestate,” meaning without a valid will. The rules are not random. They follow a family tree outward, one branch at a time, until someone is found. Here is how that search works, in plain English.
The family tree moves outward, one level at a time
When there is no surviving spouse and no descendants, state law looks upward and sideways. In most cases the order is: parents, then siblings (and their children), then grandparents, then aunts and uncles, then cousins.
The Uniform Probate Code, drafted by the Uniform Law Commission and adopted in whole or part by about 18 states, lays this out in UPC § 2-103. If no descendant survives, the estate goes to the parents equally, or all of it to the one surviving parent. If no parent survives, it passes to the descendants of the parents — your siblings, nieces, and nephews — “by representation.” That phrase simply means a deceased sibling’s share drops down to that sibling’s own children.
California follows the same shape in Probate Code § 6402. Texas Estates Code § 201.001 splits the estate into two halves, or “moieties,” when the search reaches grandparents: one half to the paternal side, one half to the maternal side. Half-siblings usually inherit exactly the same as full siblings. California and New York both say so outright.
Who inherits with no spouse or children: the exact order by state
The order is similar everywhere, but the stopping point is not. Some states cut off the search sooner than others. This table shows how three different codes handle it.
| State / code | Order when no spouse and no children | Where the search stops |
|---|---|---|
| UPC § 2-103 (18+ states) | Parents → siblings and their descendants → grandparents → aunts, uncles, cousins | Stops after grandparents’ descendants; no great-grandparents |
| New York EPTL 4-1.1 | Parents → siblings and their descendants → grandparents → aunts/uncles → first cousins → great-grandchildren of grandparents (half to each side, per capita) | Ends at first cousins once removed; then escheat to the State |
| Texas Est. Code § 201.001 | Parents (½ each) → if one parent survives with siblings, that parent takes ½ and siblings share ½ → then ½ paternal kindred, ½ maternal kindred | Continues up through more distant ancestors and their descendants |
If no qualifying relative exists at all, the property “escheats” — it goes to the state. However, that outcome is rare. Courts and heir-search firms typically look hard before giving up.
Taxes matter here too, because distant heirs are often taxed more. The federal estate tax exemption is $15,000,000 per person in 2026, so most estates owe nothing. But Pennsylvania charges 12% to siblings and 15% to nieces, nephews, and cousins under 72 P.S. § 9116. Nebraska taxes aunts, uncles, nieces, and nephews at 11% above a $40,000 exemption, and everyone else at 15% above $25,000.
What to do next, whether you are planning or settling
If you are settling an estate right now, start with the value. Many states let you skip full probate for small estates. California’s affidavit limit is $208,850 for deaths between April 1, 2025 and March 31, 2026, rising to $239,700 for deaths on or after April 1, 2026. You must wait 40 days after the death before using it, under Probate Code § 13100(b). Check your own state’s threshold on its court self-help site.
Next, build a written family tree. Courts deciding who inherits with no spouse or children will want names, dates, and death certificates for each branch. Gather them early. As a result, you avoid months of delay later.
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If you are planning ahead, the fix is simple: write a will. Then the question of who inherits with no spouse or children never has to be answered by a statute. You can name a friend, a godchild, a charity, or a neighbor — people intestacy law will never reach. Also check your beneficiary forms. Retirement accounts and life insurance pass by beneficiary designation, not by will, so a blank or outdated form can undo everything else. A licensed attorney in your state can confirm the details for your situation.
Frequently Asked Questions
Can a stepchild or a close friend inherit if I have no spouse or children?
Typically, no. Intestate succession generally follows blood and legal adoption only, so stepchildren and friends are usually skipped. However, you may be able to include them easily by naming them in a will.
Do half-siblings get a smaller share?
In most cases, no. New York’s EPTL 4-1.1 treats relatives of the half blood the same as whole blood, and California does too. A few states still differ, so check your state’s code.
What happens if nobody at all can be found?
The estate escheats to the state after the court’s search ends. For example, New York holds the funds, and a late-appearing heir may still be able to claim them. Deadlines vary, so ask your local probate court.
Where to Get Help Right Now
If you are settling an estate, you do not have to figure this out alone. Start with these free resources:
- Your state probate court self-help center — free official forms and step-by-step instructions for your county. Search “[your state] probate court self-help”.
- Free legal aid: LawHelp.org connects you with no-cost legal help if money is tight.
- Read your state’s full guide: Probate by State · Dying Without a Will by State · Small Estates by State
Sources & How to Verify
This guide is built from official sources. Always confirm the exact figure for your state:
- IRS — Estate & Gift Tax: irs.gov
- USA.gov — What to do when someone dies: usa.gov/death
- Uniform Law Commission (probate): uniformlaws.org
- Cornell Legal Information Institute: law.cornell.edu
- Your state’s probate court self-help portal and revenue department for the current statute and dollar figures.
Verified September 2026. Estate figures change — if you spot anything outdated, please contact us.
Related Guides
- Probate by State
- Dying Without a Will by State
- Small Estates & Avoiding Probate by State
- Plain-English Estate Glossary
Disclaimer. This page is for general information only and is not legal or tax advice. Wills, probate, and estate-tax rules vary by state, county, and situation, and change over time. We are not a law firm, tax advisor, or financial planner, and we assume no liability for accuracy or completeness. For your specific situation — especially an active probate or a tax deadline — verify with your state’s court, statute, revenue department, or a licensed attorney in your state.