What to know when a parent passes—and how to protect your future.
Losing a parent is one of life’s most significant milestones, and it brings more than just emotional weight. For many adult children, grief is accompanied by tough questions about what comes next—especially when it comes to settling their parent’s estate.
You might be wondering:
Am I entitled to anything? What happens if my parent was remarried? What if there’s no will at all?
At Paige, we help families navigate these exact questions with clarity and compassion. Below, we’ll break down what rights surviving children have after a parent dies, and how factors like wills, spouses, and state laws affect what you may receive.
Are Adult Children Entitled to Their Parent’s Property?
It depends. The answer varies based on several key factors:
- Whether your parent had a will
- Whether there is a surviving spouse
- The state your parent lived in
- The type of property involved (community vs. separate)
If There Is a Will (Testate)
If your parent created a valid will, that document controls who inherits what. Your parent has the legal right to divide their estate however they wish—even if that means leaving unequal shares or omitting children entirely (though minor children have added protections, as we’ll cover later).
If There Is No Will (Intestate)
Without a will, your parent’s property is distributed according to state intestacy laws, which prioritize family relationships in a specific order. In most cases, if your parent was married at the time of death, the spouse gets the majority, and children receive a portion of what’s left.
Property Laws: Community vs. Common Law States
Where your parent lived matters. States fall into two property systems:
Community Property States (like California, Texas, Arizona)
- Spouses automatically own 50% of any property acquired during the marriage.
- If your parent dies and was married, the surviving spouse keeps their half.
- The remaining half may be distributed to children—depending on the will or state law.
Common Law States (the majority of U.S. states)
- Each spouse owns property they purchased or received in their own name.
- A will determines what happens to your parent’s property.
- If there’s no will, inheritance follows intestacy rules—but a surviving spouse often receives a significant share.
Paige tip:
Even if your parent wanted to leave everything to their children, state law may override those wishes to protect the surviving spouse from disinheritance.
What If There Are Minor Children?
Minor children are generally given extra protection under the law. While an adult can legally be disinherited, a minor usually cannot.
In many states:
- A minor child may receive financial support from the estate, even if not named in a will.
- Courts often prioritize their welfare, even over other heirs or creditors.
If you’re planning your estate and have minor children, it’s essential to work with an estate attorney to make sure your plans meet legal requirements.
What If a Spouse Survives the Parent?
This is where things can get complicated.
Whether you’re an adult child from the current marriage, a previous one, or not biologically related to the surviving spouse, your inheritance rights can vary based on:
- The existence of a will
- Your relationship to the surviving spouse
- The type of property involved
In Community Property States
- The surviving spouse keeps all community property.
- Adult children may receive part or all of the deceased’s separate property, depending on the situation.
In Common Law States
- The surviving spouse often receives everything if all children are from the marriage.
- If there are children from another relationship, they may receive a share—even if a will isn’t in place.
FAQs: Inheritance Rights for Children
What if one child inherits more than another?
A parent can choose to divide their estate unequally—whether due to financial need, past gifts, caregiving roles, or personal preference. Unless a child is a minor or the will is found to be invalid, these choices are typically upheld.
Can children contest a will?
Yes, but only in specific cases. To contest a will, you must:
- Have legal standing (you would have inherited more if the will were invalid)
- Have legal grounds, such as:
- Undue influence
- Lack of mental capacity
- Improper execution
- Fraud or coercion
Contesting a will is a serious legal process and usually requires an experienced probate attorney.
Who inherits if children do not?
If there’s no will and no surviving children, the estate typically passes to:
- The spouse
- Parents
- Siblings
- Grandchildren
Each state has its own intestacy rules to determine the order of inheritance.
Why Planning Ahead Matters
If your parents are still living, now is the time to talk—gently and openly—about their wishes and estate plans. These conversations aren’t always easy, but they can prevent misunderstandings and legal complications later on.
If you’re a parent yourself, you can also protect your children by creating an estate plan that clearly outlines:
- Who inherits your assets
- How your estate should be divided
- Who should manage the process (your executor or trustee)
Paige makes it simple to start these conversations and create a legally valid will, store it securely, and share it with the right people—so no one is left guessing.
The Paige Perspective
Losing a parent is hard enough without uncertainty about what they wanted. Whether you’re navigating their estate or making plans of your own, understanding your rights—and your options—is a powerful step toward peace of mind.
At Paige, we’re here to help you:
- Create a will or trust that honors your wishes
- Store important documents securely
- Empower your loved ones with clarity, not confusion
Start planning today—and protect what matters most, for the people who matter most.
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