What happens if you die without a will in an equitable-distribution state?
While intestate distribution in equitable distribution states may vary slightly, here are a few examples of estate distribution if you die intestate in an equitable-distribution state:
New Jersey
| If you die with: | Here’s what happens: |
| children but no spouse | children inherit everything |
| spouse but no children or parents | spouse inherits everything |
| spouse and children from you and that spouse, and spouse has no other children | spouse inherits everything |
| spouse and children from you and that spouse, and spouse has children from another relationship | spouse inherits the first 1/4 of your intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance
your children inherit everything else |
| spouse and children from you and someone other than that spouse | spouse inherits the first 1/4 of your intestate property (but not less than $50,000 or more than $200,000), plus 1/2 of the balance
children inherit everything else |
| spouse and parents | spouse inherits the first 1/4 of your intestate property (but not less than $50,000 or more than $200,000), plus 3/4 of the balance
parents inherit remaining intestate property |
New York
| If you die with: | Here’s what happens: |
| children but no spouse | children inherit everything |
| spouse but no children | spouse inherits everything |
| spouse and children | spouse inherits the first $50,000 of your intestate property, plus 1/2 of the balance
descendants inherit everything else |
| parents but no spouse or children | parents inherit everything |
| siblings but no spouse, children, or parents | siblings inherit everything |
Florida
| If you die with: | Here’s what happens: |
| children but no spouse | children inherit everything |
| spouse but no children | spouse inherits everything |
| spouse and children from you and that spouse, and spouse has no other children | spouse inherits everything |
| spouse and children from you and that spouse, and spouse has children from another relationship | spouse inherits 1/2 of your intestate property
your children inherit 1/2 of your intestate property |
| spouse and children from you and someone other than that spouse | spouse inherits 1/2 of your intestate property
your children inherit 1/2 of your intestate property |
| parents but no spouse or children | parents inherit everything |
| siblings but no spouse, children, or parents | siblings inherit everything |