In intestate succession, how are assets distributed when there is no surviving spouse?

• A. Goes to oldest child
• B. Assets go to the state
• C. Distributed per state's intestacy laws
• D. All to the executor

Answer: (C)

When there’s no will and no surviving spouse, the way assets are handed out isn’t up to anyone’s preference; it’s determined by the state’s intestacy rules. These statutes lay out a fixed order of eligible heirs and how much each person receives, usually starting with the decedent’s children and grandchildren, then moving to parents, siblings, and more distant relatives if no closer heirs exist. The key idea is that the distribution follows the statutory plan, not the executor’s wishes or a single heir grabbing everything. Escheat to the state can occur only if there truly are no eligible heirs at all. So, assets are allocated according to the state’s intestacy laws—the governing framework for who inherits in these situations.