When someone dies without a valid will, they die "intestate." What happens next is determined not by the deceased's wishes — which are unknown — but by their state's intestate succession laws. The results are often surprising, sometimes deeply unfair, and almost always not what the person would have wanted.
How Intestate Succession Works
Each state has its own intestate succession laws, but they follow a general pattern: assets pass to the closest living relatives in a specific order of priority. Typically this looks like:
- Surviving spouse
- Children (in equal shares)
- Parents (if no children)
- Siblings (if no parents)
- More distant relatives
- The state (if no relatives can be found)
The exact rules — including how much a spouse receives versus children, how stepchildren and half-siblings are treated, and what happens to assets if a beneficiary predeceases the deceased — vary significantly by state.
Common Situations Where Intestate Laws Fail People
Unmarried Partners
This is one of the most significant gaps in intestate law. If you're in a long-term relationship but not legally married, your partner has no automatic inheritance rights in most states. Your assets would pass to your legal relatives — potentially parents or siblings you're estranged from — while your partner receives nothing.
Blended Families
Stepchildren typically have no inheritance rights under intestate law unless they were legally adopted. If you have stepchildren you consider your own, they will be passed over in favor of biological relatives.
Specific Bequests
Maybe you wanted your best friend to have your car, your niece to receive a specific piece of jewelry, or a charity to receive a gift from your estate. Without a will, none of these wishes can be honored.
The Spouse-Children Split
In many states, intestate law doesn't give everything to a surviving spouse — it splits the estate between the spouse and the children. This can create financial hardship for the surviving spouse and complications for the family.
Probate Still Applies
Dying without a will doesn't mean skipping probate — it often means a longer, more complicated probate process. The court appoints an administrator (rather than a named executor) to manage the estate, and the process may take longer because there's no will to guide it. Learn how probate works.
The Solution Is Straightforward
A basic will is not complicated or expensive to create. For most adults with modest estates and simple family situations, an online legal service or an hour with an attorney is sufficient. The type of will you need depends on your situation, but something is almost always better than nothing.
If you're ready to start, our complete guide to wills and estate planning walks through the full process from start to finish.