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How Far an Heir Search Must Go Under USA Law for a Specific State
This guide explains how far a genealogical search must be conducted in a specific state for probate matters when determining legal heirs under intestate succession.
Researchers should follow the statutory hierarchy in order and stop only when a legally qualifying heir class has been identified and documented.
Important
This guide is:
- A research reference, not legal advice
- Intended to support court-ready documentation
- Applicable to probate and intestate matters only
Intestate succession laws vary by state and may change over time. While we make every effort to keep this information current and accurate, statutory updates, court interpretations, or local practices may affect how these rules are applied.
Florida State
Summary
- Follow Florida’s statutory heir order and stop at the first class with living heirs.
- At the grandparent level, separate paternal and maternal lines and document each line independently.
- Do not assume the search ends at first cousins. Continue within grandparent lines by representation when required.
→ View full Florida details
Overview
When a Florida resident dies without a valid will, Florida intestate succession rules determine who inherits. A probate genealogy search should follow the statute-defined heir classes in order and document the diligence used to confirm that closer classes are absent before moving to more remote kin.
Governing Statutes
- Florida Statutes § 732.102 – Spouse’s share of intestate estate
- Florida Statutes § 732.103 – Share of other heirs
- Florida Statutes § 732.104 – Descent per stirpes
- Florida Statutes § 732.105 – Kindred of the half blood
- Florida Statutes § 732.107 – Escheat
Step-by-Step Heir Search Order
| Heir class | Statutory basis | Research scope and stop rule |
|---|---|---|
| Surviving spouse | § 732.102 | Confirm marital status at death and prior dissolutions. Stop if distribution is fully satisfied by the spouse. |
| Descendants | § 732.103(1), § 732.104 | Identify children and extend downward by representation for any deceased child until living descendants are confirmed. |
| Parents | § 732.103(2) | Confirm whether one or both parents survived the decedent. Stop if applicable. |
| Siblings and their descendants | § 732.103(3), § 732.104, § 732.105 | Identify full and half siblings and continue through descendants of deceased siblings until living heirs are located. |
| Grandparents and their descendants | § 732.103(4), § 732.104 | Divide the estate into paternal and maternal halves. Within each half, identify grandparents, then aunts and uncles, then first cousins and further descendants as required. |
| Escheat | § 732.107 | If no qualifying heirs exist after exhausting all statutory classes, the estate may escheat to the State of Florida. |
Minimum Documentation Standard
- Record each heir class reviewed and the reason it was exhausted.
- Identify sources searched, jurisdictions covered, and date ranges.
- Preserve negative findings as part of the diligence record.
Frequently Asked Questions
Does a Florida heir search stop at first cousins?
No. Florida intestate succession allows inheritance through grandparents and their descendants. If first cousins are not living, research may need to continue to their descendants within the applicable grandparent line.
How are half siblings treated under Florida law?
Relatives of the half blood inherit the same share they would receive if they were of the whole blood.
When does an estate escheat in Florida?
An estate may escheat only after all statutory heir classes have been exhausted and no qualifying heirs are identified.
California State
Summary
- Use California’s intestate succession order and stop at the first heir class with legally qualifying living heirs.
- When a statute references distribution “in the manner provided in Section 240,” apply California’s distribution by representation method.
- If no qualifying heirs exist under the Probate Code’s intestate succession provisions, the estate may escheat under California law.
→ View full California details
Overview
When a California resident dies without a valid will, intestate succession is governed by the California Probate Code. A probate genealogy search should follow the statutory hierarchy in order and document how each closer heir class was confirmed or exhausted before moving to more remote relatives.
Governing Statutes
- California Probate Code § 6401 – Intestate share of surviving spouse
- California Probate Code § 6402 – Order of intestate succession for property not passing to a spouse
- California Probate Code § 240 – Distribution by representation (referenced by statute)
- California Probate Code § 6406 – Relatives of the half blood
- California Probate Code § 6800 – Escheat of decedent’s property
Step-by-Step Heir Search Order
Use the table below as a working checklist. Move to the next class only after you have documented why the prior class has no legally qualifying living heirs.
| Heir class | Statutory basis | Research scope and stop rule |
|---|---|---|
| Surviving spouse | § 6401 | Confirm marital status at death and prior dissolutions. If a spouse exists, determine which portion of the estate passes to the spouse under the statute. Continue the search only for any portion not fully satisfied by the spouse’s share. |
| Issue (descendants) | § 6402(a), § 240 | Identify children, then extend downward by representation when required. Stop when one or more living issue are confirmed and documented. |
| Parents | § 6402(b) | Confirm the decedent’s parents and whether one or both survived. Stop if one or both are living. |
| Issue of parents | § 6402(c), § 240, § 6406 | Identify siblings, then extend to descendants of any deceased sibling by representation when required. Include half-blood relatives as provided by statute. Stop when living heirs in this class are confirmed. |
| Grandparents and their issue | § 6402(d), § 240 | Identify grandparents, then aunts and uncles, then cousins, and continue further by representation when required. Stop when a legally qualifying heir class is found and documented. |
| Issue of a predeceased spouse | § 6402(e), § 240 | If applicable, identify the predeceased spouse’s issue and apply representation when required. Stop when living heirs in this class are confirmed. |
| Next of kin | § 6402(f) | If no earlier class is available, identify the next of kin in equal degree under the statute, applying the statutory preference rules. Document the kinship path and why closer classes do not apply. |
| Escheat | § 6800 | If no one is entitled to take under the intestate succession provisions, the estate may escheat. This conclusion typically requires a complete diligence record across all applicable classes. |
Minimum Documentation Standard
- Record each heir class reviewed and the reason it was exhausted before proceeding to the next class.
- Identify the sources searched, jurisdictions covered, and date ranges for each branch investigated.
- Preserve negative findings and identity-resolution work as part of the diligence record.
Frequently Asked Questions
Does a California heir search stop at first cousins?
Not necessarily. California’s hierarchy can require continuing beyond first cousins when distribution by representation applies and closer qualifying heirs are not living.
What does “in the manner provided in Section 240” mean for research scope?
It means the distribution follows California’s representation method. Practically, researchers should continue within the deceased person’s branch until living heirs are located or the branch is fully exhausted.
How are half-blood relatives treated in California intestacy?
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood, except where a different rule is provided by statute.
New York State
Summary
- New York intestate succession is governed by the Estates, Powers and Trusts Law (EPTL) and follows a fixed hierarchy.
- Distribution beyond parents proceeds to siblings and their descendants, then to grandparents and their descendants.
- New York does not continue indefinitely into remote kin. If no qualifying heirs exist within the statutory classes, the estate escheats to the state.
→ View full New York details
Overview
When a New York resident dies without a valid will, intestate succession is governed by New York’s Estates, Powers and Trusts Law. A probate genealogy search must follow the statutory order precisely and document why each closer heir class does not apply before moving to the next. Unlike some states, New York places a defined limit on how far collateral inheritance may extend.
Governing Statutes
- EPTL § 4-1.1 – Descent and distribution of a decedent’s estate
- EPTL § 1-2.16 – Distribution by representation
- EPTL § 4-1.2 – Inheritance by non-marital children
- EPTL § 4-1.1(e) – Relatives of the half blood
- EPTL § 4-1.1(f) – Escheat to the state
Step-by-Step Heir Search Order
Use the table below as a working checklist. Move to the next class only after you have documented why the prior class has no legally qualifying living heirs.
| Heir class | Statutory basis | Research scope and stop rule |
|---|---|---|
| Surviving spouse and issue | EPTL § 4-1.1(a) | Confirm marital status and identify all issue of the decedent. Apply the statutory spouse share. Stop when one or more living issue are confirmed and the remaining estate is fully distributed. |
| Parents | EPTL § 4-1.1(b) | If no spouse or issue survive, confirm whether one or both parents are living. Stop when a surviving parent or parents are identified. |
| Issue of parents (siblings and their descendants) | EPTL § 4-1.1(c), § 1-2.16 | Identify siblings of the decedent and extend to descendants of any deceased sibling by representation. Include half-blood relatives on equal footing. Stop when living heirs in this class are confirmed. |
| Grandparents and their descendants | EPTL § 4-1.1(d), § 1-2.16 | Identify maternal and paternal grandparents, then aunts and uncles, then first cousins and further descendants of grandparents by representation. Stop when a qualifying heir class is found. |
| Escheat | EPTL § 4-1.1(f) | If no spouse, issue, parents, issue of parents, or issue of grandparents survive, the estate escheats to the State of New York. |
Minimum Documentation Standard
- Record each heir class reviewed and the reason it was exhausted before proceeding.
- Document parental relationships carefully, including non-marital status where applicable.
- Preserve negative findings and jurisdiction coverage for all family lines investigated.
Frequently Asked Questions
Does a New York heir search go beyond first cousins?
It can. New York allows inheritance through grandparents and their descendants. Depending on family structure, research may extend beyond first cousins within the grandparent lines.
How are half siblings treated under New York intestacy law?
Relatives of the half blood inherit the same share they would receive if they were of the whole blood.
Is there a limit to how far an heir search must go in New York?
Yes. New York does not allow inheritance beyond the issue of grandparents. If no heirs exist within the statutory classes, the estate escheats to the state.
Pennsylvania State
Summary
- Pennsylvania intestate succession is governed by Title 20 of the Pennsylvania Consolidated Statutes.
- After spouses, issue, parents, and siblings are exhausted, inheritance may proceed through grandparents and their descendants.
- If no qualifying heirs exist within the statutory classes, the estate escheats to the Commonwealth.
→ View full Pennsylvania details
Overview
When a Pennsylvania resident dies without a valid will, intestate succession is governed by Title 20 of the Pennsylvania Consolidated Statutes. A probate genealogy search should follow the statutory order of succession and document why each closer heir class does not apply before proceeding to more remote relatives.
Governing Statutes
- 20 Pa.C.S. § 2102 – Shares of surviving spouse
- 20 Pa.C.S. § 2103 – Shares of heirs other than surviving spouse
- 20 Pa.C.S. § 2104 – Rules of succession
- 20 Pa.C.S. § 2107 – Relatives of the half blood
- 20 Pa.C.S. § 2104(b) – Escheat
Step-by-Step Heir Search Order
| Heir class | Statutory basis | Research scope and stop rule |
|---|---|---|
| Surviving spouse | § 2102 | Confirm marital status and apply statutory spouse share. |
| Issue (descendants) | § 2103(1) | Identify children and extend by representation. |
| Parents | § 2103(2) | Confirm whether one or both parents survived. |
| Siblings and their descendants | § 2103(3), § 2104 | Identify siblings and descendants, including half-blood relatives. |
| Grandparents and their descendants | § 2103(4), § 2104 | Identify grandparents and extend to their descendants as required. |
| Escheat | § 2104(b) | If no heirs exist, estate escheats to the Commonwealth. |
Illinois State
Summary
- Illinois intestate succession is governed by the Illinois Probate Act of 1975.
- After spouses, descendants, parents, and siblings are exhausted, inheritance may proceed through grandparents and their descendants.
- If no qualifying heirs exist within the statutory classes, the estate escheats to the State of Illinois.
→ View full Illinois details
Overview
When an Illinois resident dies without a valid will, intestate succession is governed by the Illinois Probate Act of 1975. A probate genealogy search should follow the statutory order of succession and document why each closer heir class does not apply before proceeding to more remote relatives.
Governing Statutes
- 755 ILCS 5/2-1 – Rules of descent and distribution
- 755 ILCS 5/2-2 – Descendants per stirpes
- 755 ILCS 5/2-4 – Kindred of the half blood
- 755 ILCS 5/2-1(f) – Escheat
Step-by-Step Heir Search Order
Use the table below as a working checklist. Proceed to the next class only after documenting why the prior class has no legally qualifying living heirs.
| Heir class | Statutory basis | Research scope and stop rule |
|---|---|---|
| Surviving spouse and descendants | 755 ILCS 5/2-1(a) | Confirm marital status and identify descendants. The spouse and descendants typically share the estate equally. Stop when qualifying heirs are confirmed. |
| Surviving spouse only | 755 ILCS 5/2-1(b) | If no descendants survive, confirm the surviving spouse takes the entire estate. No further genealogy is required. |
| Descendants only | 755 ILCS 5/2-1(c) | If no spouse survives, identify children and extend downward by representation for any deceased child until living descendants are confirmed. |
| Parents and siblings | 755 ILCS 5/2-1(d) | Confirm surviving parents and siblings. If parents and siblings both survive, the estate is divided between them per statute. |
| Siblings and their descendants | 755 ILCS 5/2-1(e), 5/2-2 | Identify siblings and extend to descendants of deceased siblings by representation. Include half-blood relatives equally. Stop when living heirs are confirmed. |
| Grandparents and their descendants | 755 ILCS 5/2-1(f), 5/2-2 | Identify grandparents, then aunts and uncles, then cousins and further descendants as required. Stop when a qualifying heir class is found. |
| Escheat | 755 ILCS 5/2-1(f) | If no heirs exist within the statutory classes, the estate escheats to the State of Illinois. |
Minimum Documentation Standard
- Record each heir class reviewed and why it was exhausted.
- Document per stirpes distribution paths clearly.
- Preserve negative findings and jurisdiction coverage.
Frequently Asked Questions
Does an Illinois heir search go beyond first cousins?
Yes, if necessary. Illinois allows inheritance through grandparents and their descendants, which may require extending beyond first cousins depending on family structure.
How are half siblings treated under Illinois law?
Relatives of the half blood inherit the same share as those of the whole blood.
When does an estate escheat in Illinois?
If no heirs exist within the statutory classes after a complete diligence review, the estate escheats to the State of Illinois.
Ohio State
Summary
- Ohio intestate succession is governed by Title 21 of the Ohio Revised Code.
- After spouses, descendants, parents, and siblings are exhausted, inheritance proceeds through grandparents and their descendants.
- If no qualifying heirs exist within the statutory classes, the estate escheats to the State of Ohio.
→ View full Ohio details
Overview
When an Ohio resident dies without a valid will, intestate succession is governed by the Ohio Revised Code, Chapter 2105. A probate genealogy search must follow the statutory order of succession and clearly document why each closer heir class does not apply before moving to more remote relatives.
Governing Statutes
- Ohio Revised Code § 2105.06 – General rules of descent and distribution
- Ohio Revised Code § 2105.01 – Definitions and representation
- Ohio Revised Code § 2105.03 – Kindred of the half blood
- Ohio Revised Code § 2105.06(F) – Escheat
Step-by-Step Heir Search Order
Use the table below as a working checklist. Proceed to the next class only after documenting why the prior class has no legally qualifying living heirs.
| Heir class | Statutory basis | Research scope and stop rule |
|---|---|---|
| Surviving spouse and issue | § 2105.06(A)-(C) | Confirm marital status and identify descendants. Apply the statutory spouse share, which varies based on whether descendants are also descendants of the surviving spouse. Continue genealogy only for any portion not fully satisfied by the spouse. |
| Issue (descendants) only | § 2105.06(D) | If no spouse survives, identify children and extend downward by representation for any deceased child until living descendants are confirmed. |
| Parents | § 2105.06(E) | Confirm whether one or both parents survived the decedent. Stop when a surviving parent or parents are identified. |
| Siblings and their descendants | § 2105.06(F), § 2105.01 | Identify siblings and extend to descendants of any deceased sibling by representation. Include half-blood relatives equally. Stop when living heirs in this class are confirmed. |
| Grandparents and their descendants | § 2105.06(G) | Identify grandparents, then aunts and uncles, then cousins and further descendants as required. Stop when a qualifying heir class is found. |
| Escheat | § 2105.06(H) | If no heirs exist within the statutory classes, the estate escheats to the State of Ohio after a complete diligence review. |
Minimum Documentation Standard
- Record each heir class reviewed and why it was exhausted.
- Document representation paths clearly for deceased heirs.
- Preserve negative findings and jurisdiction coverage.
Frequently Asked Questions
Does an Ohio heir search go beyond first cousins?
Yes, if required. Ohio allows inheritance through grandparents and their descendants, which can extend beyond first cousins depending on family structure.
How are half siblings treated under Ohio law?
Relatives of the half blood inherit the same share as those of the whole blood.
When does an estate escheat in Ohio?
If no heirs exist within the statutory classes after full diligence, the estate escheats to the State of Ohio.
Michigan State
Summary
- Michigan intestate succession is governed by the Estates and Protected Individuals Code (EPIC).
- After spouses, descendants, parents, and siblings are exhausted, inheritance proceeds through grandparents and their descendants.
- If no qualifying heirs exist within the statutory classes, the estate escheats to the State of Michigan.
→ View full Michigan details
Overview
When a Michigan resident dies without a valid will, intestate succession is governed by Michigan’s Estates and Protected Individuals Code. A probate genealogy search should follow the statutory hierarchy and document why each closer heir class does not apply before proceeding to more remote relatives.
Governing Statutes
- MCL 700.2102 – Intestate share of surviving spouse
- MCL 700.2103 – Share of heirs other than surviving spouse
- MCL 700.2106 – Representation (per capita at each generation)
- MCL 700.2108 – Half blood
- MCL 700.2105 – No taker under intestacy, escheat
Step-by-Step Heir Search Order
Use the table below as a working checklist. Proceed to the next class only after documenting why the prior class has no legally qualifying living heirs. In Michigan, representation is generally “per capita at each generation” when distribution by representation applies.
| Heir class | Statutory basis | Research scope and stop rule |
|---|---|---|
| Surviving spouse | § 2102 | Confirm marital status at death and identify whether the decedent is survived by descendants and whether those descendants are also descendants of the surviving spouse. Apply the statutory spouse share and continue genealogy only for any portion not fully satisfied by the spouse. |
| Descendants | § 2103(1), § 2106 | Identify children and extend downward by representation as required. Apply per capita at each generation distribution. Stop when living descendants are confirmed and documented. |
| Parents | § 2103(2) | Confirm whether one or both parents survived the decedent. Stop when a surviving parent or parents are identified. |
| Siblings and their descendants | § 2103(3), § 2106, § 2108 | Identify siblings and extend to descendants of any deceased sibling by representation. Include half-blood relatives as provided by statute. Stop when living heirs in this class are confirmed. |
| Grandparents and their descendants | § 2103(4), § 2106 | Identify grandparents, then aunts and uncles, then cousins and further descendants as required, applying representation rules where applicable. Stop when a qualifying heir class is found. |
| Escheat | § 2105 | If no one is entitled to take under Michigan intestacy provisions, the estate escheats to the State of Michigan after a complete diligence review. |
Minimum Documentation Standard
- Record each heir class reviewed and why it was exhausted.
- Document representation paths clearly, including generation levels and branch exhaustion.
- Preserve negative findings and jurisdiction coverage for each family line investigated.
Frequently Asked Questions
Does a Michigan heir search go beyond first cousins?
Yes, if necessary. Michigan allows inheritance through grandparents and their descendants, which can require extending beyond first cousins depending on family structure.
What does “per capita at each generation” mean for research scope?
It is a statutory representation method that can require identifying the appropriate generation level for distribution and confirming which branches have living takers. Practically, researchers should continue within each branch until living heirs are identified or the branch is fully exhausted.
How are half siblings treated under Michigan law?
Relatives of the half blood inherit the same share they would inherit if they were of the whole blood, except where a different rule is provided by statute.
More states will be added soon . . .
Additional Probate Genealogy Resources
The state-specific guides above explain how far a probate genealogy search must extend under intestate succession. The following internal resources provide deeper context on how heir searches are conducted, documented, and prepared for probate and court use.
Heir Search Services
- Professional Heir Search Services – Overview of our heir search process, engagement options, and typical use cases for probate matters.
- Probate Genealogy Explained – A detailed explanation of probate genealogy, how it differs from traditional genealogy, and why courts require documented diligence.
Research Standards and Methodology
- Genealogical Research Process – How probate-focused genealogical research is conducted, including source evaluation, negative findings, and lineage proof.
- Due Diligence in Heir Searches – What constitutes reasonable and defensible due diligence when identifying heirs for probate and estate administration.
Reports and Court-Ready Documentation
- Sample Heir Search Report – An example of a court-ready heir search report showing structure, source citations, and findings.
- Expert Testimony and Declarations – Information on affidavits, declarations, and expert testimony related to probate genealogy findings.
Frequently Referenced Probate Topics
- Intestate Succession and Heir Identification – How intestate succession laws impact heir searches and research scope.
- Locating Missing or Unknown Heirs – Common challenges and methods used when heirs are missing, unknown, or difficult to locate.
These resources are intended to support attorneys, fiduciaries, and probate professionals in understanding both the legal framework and practical execution of probate genealogy searches.
