Key Takeaways
- Dying without a will is called dying intestate; your state’s intestacy law then decides who inherits.
- Typically a spouse and children inherit first, then parents, siblings and more distant relatives.
- Unmarried partners, stepchildren, friends and charities usually receive nothing under intestacy.
- A court appoints an administrator to settle your estate and, if needed, a guardian for your minor children.
- Assets with beneficiary designations or joint ownership still pass directly, even without a will.
What “intestate” means
If you die without a valid will, you die “intestate.” Your state has a default plan for that, called intestate succession. It’s essentially a will the state wrote for you, based on assumptions about who most people would want to inherit.
Those assumptions may not match your family, especially if you’re unmarried, in a blended family or want to leave something to friends or charity.
Who inherits under intestacy?
Every state’s rules differ, but the general order is similar:
| Your family situation | Who typically inherits |
|---|---|
| Spouse, no children or parents | Spouse receives everything |
| Spouse and children together | Spouse receives all or a large share; rules vary by state |
| Spouse and children from another relationship | Spouse and children split the estate |
| Children, no spouse | Children share equally |
| No spouse or children | Parents, then siblings, then more distant relatives |
| Unmarried partner, no will | Partner usually receives nothing |
| No living relatives | The estate goes to the state |
Other consequences of dying without a will
A court chooses who’s in charge
Instead of an executor you picked, the court appoints an administrator, often a close relative. Family members can disagree about who should serve, adding delay and cost.
A court chooses a guardian for your children
If your children’s other parent can’t care for them, a judge decides who will raise them. Relatives may compete for guardianship. A will lets you nominate the person you trust. See estate planning for young families.
Children’s inheritances may need court supervision
Minors can’t manage property, so a court may appoint a guardian of the estate and oversee spending until each child turns 18, at which point they may receive everything at once.
Partners and blended families can be left out
An unmarried partner of many years can be left with nothing, and stepchildren you raised but didn’t adopt usually don’t inherit. See estate planning for unmarried couples.
What passes outside intestacy
Some assets transfer directly regardless of whether you have a will:
- Life insurance and retirement accounts with named beneficiaries
- Payable-on-death and transfer-on-death accounts
- Property owned jointly with right of survivorship
- Assets in a living trust
How to avoid intestacy
Write a will. It doesn’t need to be complicated: name your beneficiaries, an executor and, if you have children, a guardian. Then check your beneficiary designations and see our estate planning checklist.
Frequently asked questions
Not always. In many states, a surviving spouse shares the estate with children, especially children from another relationship, or with parents if there are no children.
Usually not. Intestacy laws generally only recognize spouses and blood or adopted relatives.
Usually not, unless they were legally adopted. A will is the reliable way to provide for stepchildren.
It varies, but intestate estates often take longer because the court must appoint an administrator and identify heirs. Many take months; complicated ones can take more than a year.
In some states, a will written entirely in your own handwriting and signed (a holographic will) is valid without witnesses. Other states require witnesses for every will, so check your state’s rules.
Keep reading
- Estate Planning Checklist: The Documents Everyone NeedsA plain-English estate planning checklist: the will, living will, powers of attorney and other documents everyone needs, plus what to organize and when to update.
- What Is a Living Will? How It Works and What to IncludeA living will records your wishes about life-sustaining treatment if you can't speak for yourself. Learn what it covers, when it applies and how it differs from a will.
- Living Will vs. Advance Directive: What’s the Difference?An advance directive is the umbrella term; a living will is one type. Learn how living wills, health care powers of attorney and advance directives fit together.
- Will vs. Trust: Which Do You Need?Compare a will and a revocable living trust on probate, privacy, cost and control. Learn when a will is enough and when a trust makes sense.
- Funeral Planning Checklist: How to Plan AheadA step-by-step funeral planning checklist: burial or cremation, the service, costs, paperwork and how to make sure your family can find your wishes in time.
- How to Avoid Probate: 6 Common StrategiesProbate can be slow, public and costly. Learn six common ways to pass assets directly to your heirs, from beneficiary designations to a living trust.
- How to Choose an Executor for Your Will (and What They Do)Your executor carries out your will. Learn what an executor does, who makes a good choice, and the mistakes to avoid when naming one.
- Pet Trust: How to Provide for Your Pets After You’re GonePets can't inherit money, but a pet trust can fund their care. Learn how pet trusts work, how they compare with a will, and how to choose a caregiver.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.