What Happens If You Die Without a Will?
When someone dies without a will, they die intestate, and state law decides who inherits property that passes through probate, usually in this order: spouse and children, then parents, siblings and more distant relatives. Unmarried partners, friends, stepchildren and charities usually receive nothing. A court appoints an administrator, often a close relative. Accounts with beneficiaries and jointly owned property pass outside these rules.
Dying without a will is common, and the law has default rules for it. But those rules may not match what the person would have wanted.
Who inherits
Each state has intestate succession laws (Cornell LII). The general pattern:
| Survivors | Typical result |
|---|---|
| Spouse, no children or parents | Spouse usually inherits everything |
| Spouse and children of both spouses | Many states give everything to the spouse; others split it |
| Spouse and children from another relationship | Spouse and children usually share |
| Children, no spouse | Children share equally |
| No spouse or children | Parents, then siblings, then nieces and nephews and more distant relatives |
| No relatives found | The state takes the property (escheat) (Cornell LII) |
The exact shares vary significantly by state, and community property states have special rules for a spouse.
Who usually gets nothing
- Unmarried partners
- Stepchildren who were not adopted
- Friends and caregivers
- Charities
What passes outside intestacy
- Retirement accounts and life insurance with named beneficiaries
- Payable-on-death and transfer-on-death accounts
- Jointly owned property with survivorship rights
- Trust assets
The probate process
A court appoints an administrator (personal representative), usually a spouse or adult child, who performs the same duties as an executor; see what an executor does. The administrator may need to post a bond, which a will could have waived.
Minor children
If both parents die without wills naming a guardian, a court chooses one. Money inherited by minors may require a court-supervised guardianship of the estate until they turn 18, when they receive it outright.
Small estates
Many states let heirs collect small estates with an affidavit; see your state's small estate rules under state laws.
What families can do
Gather documents, find out whether a will exists, and talk to a probate lawyer before distributing anything. If you have no will yourself, see do I need a lawyer to make a will. Find estate planning lawyers near you.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.