Intestate Inheritance Rights for Adopted Persons

This factsheet discusses the right of an adopted child to inherit from their adoptive parents, regardless of whether the parent has written a will. Upon the entry of the final adoption decree, the adopted child is treated by law as if they had been born to the adopting parents and thereby gains the right to inherit from the adoptive parents and adoptive parents' relatives. In some States, an adopted person also may retain the right to inherit from a birth parent. The right of inheritance of an adopted child who has been omitted from a will is also is discussed. This publication presents a general overview of this aspect of child welfare law. Summaries of laws on this topic for all individual States and U.S. territories are available from the State Statutes Search page.

This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.