If a decedent is survived by a spouse but no children, what happens to the estate in most states?

When a decedent is survived by a spouse but no children, most states follow the principle that the surviving spouse typically inherits the entire estate. This is based on the laws governing intestate succession, which vary slightly from state to state but generally prioritize the surviving spouse when there are no descendants.

In such scenarios, the law is designed to ensure that the surviving spouse is financially secure and does not have to share the estate with anyone else, like the decedent’s parents or distant relatives, as would be the case if children were present. The intention is to provide for the spouse's welfare without the complications of dividing assets amongst other relatives.

In jurisdictions where community property laws apply, the surviving spouse would already have a significant claim to half of the marital property, and in cases of separate property, they would still inherit everything in the absence of children. This legal framework underscores the importance of spousal rights in estate matters, especially in situations where the immediate family structure is limited.