Intestate succession is the order in which property is distributed among living relatives if an individual dies without a will. Although each state in the United States has its own laws the majority use the 1990 Uniform Probate Code as their guideline for setting those laws. Under the Uniform Probate Code, intestate succession begins with the surviving spouse. This spouse will get either the entire estate or the largest portion of the estate, depending on what state the decedent lived in at time of death. If there are children, they typically divide the remaining share of the estate. The laws of intestate succession get complicated when there are no children or surviving spouse or if there are parents who are claiming part of the estate.