Most Americans don’t know what happens if you die without a will, yet fewer are making plans to prevent it. In 2025, only 24% reported having a will, down from 33% in 2022. Parents with children under 18 make up the largest group without any estate planning documents.
Even when people update their wills, most do so only after major life changes, like the birth of a child or new assets. To make sense of it, you need to understand the intestate meaning and how it works.
What Does Intestate Mean?
Intestacy happens when someone dies without a valid will. In that case, the person is said to have “died intestate,” and the estate goes through probate for distribution. The court applies state intestacy laws to decide who inherits. There are a few common scenarios where intestacy can occur:
- No will. The person never created a valid will.
- Invalid will. A will is struck down for reasons like improper execution, lack of capacity, or undue influence.
- Partial intestacy. A will covers only part of the estate, and the rest passes under intestacy rules.
- Outdated will. Major life changes, such as a divorce or the birth of a child, leave some assets unaccounted for.
When these situations occur, intestacy takes over and the estate moves to probate. It’s the fallback plan the court uses to decide who inherits.
Intestate vs. Testate Explained
Dying intestate means there’s no valid will, so the court decides how property is divided under state law. Dying testate means there is a valid will, giving clear instructions for who inherits.
What Happens if You Die Without a Will in the US?
If you die without a will, your estate is handled under intestate succession laws. These laws decide who inherits and in what order. The details differ by state, and they can change with new legislation or court rulings. A couple of important points include:
- In community property states, a surviving spouse keeps their half of all shared property. The remaining community property is divided under state intestacy rules, often between the spouse, children, or other relatives.
- The American Indian Probate Reform Act (AIPRA) controls how American Indian trust or restricted land is passed down.
Because the rules vary, it’s important to know how your state applies them. The table below shows the current approach.
| State | Information Summary | Law |
|---|---|---|
| Alabama | Administration of an Intestate Estate (from Mobile County) | AL Code § 43-8-40, AL Code § 43-8-47 |
| Alaska | Death Without a Will - Alaska Inheritance Order Table | AK Stat § 13.12.102 (2024) |
| Arizona | None | AZ Rev Stat § AZ Rev Stat § 14-2102, 14-2108 |
| Arkansas | Heirs' Property: Understanding Legal Issues in Arkansas p. 4 | AR Code § 28-9-214 |
| California | California Intestate Succession Summary | CA Prob. Code § 6400–6414 |
Seeing the state-by-state rules highlights why intestacy isn’t always straightforward. A little knowledge here goes a long way in understanding your legal situation.
Who Inherits When There Is No Will?
When someone dies without a will, intestacy laws determine who inherits their estate. The process follows a set order. A spouse and children are typically first in line. If none are living, the estate goes to parents, then to siblings, and finally to more distant relatives.
Who Gets Left Out if You Die Without a Will?
Intestacy laws typically only recognize legal relatives. That means not everyone in your life is legally eligible for your assets after you die. A partner you lived with for decades, stepchildren you raised, or friends you considered family could be completely left out.
Friends
Friends do not inherit under intestacy. The law gives them no rights, even if they’ve been part of your life for years. If you want friends to inherit, you need a valid will or beneficiary designations in place. Otherwise, everything defaults to family, regardless of your personal bonds.
Stepchildren
Stepchildren are also left out. Unless you legally adopted them, they have no automatic right to your estate. Some states recognize equitable adoption, which allows a court to grant inheritance rights if an adoption was promised but never completed. The table below shows which states recognize it, which recognize it only in part, and which do not.
| Category | States/Territories |
|---|---|
| Recognize Equitable Adoption | Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, DC, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Vermont, West, Wyoming |
| Partially Recognize | Ohio, Oregon |
| No Recognition | Arkansas, Indiana, Kentucky, Louisiana, Mississippi, Tennessee, Virginia, Washington, Wisconsin |
*Courts apply different doctrines (equitable, virtual, or de facto adoption). Availability and effect on intestacy vary. For the most current state-by-state list, see SSA POMS GN 00306.225.
Foster Children
Foster children do not inherit under intestacy. They have no rights to an estate unless they are legally adopted. Even long-term care in your home does not create inheritance rights without formal adoption paperwork.
Unmarried Partners
Unmarried partners are excluded. When couples live together without marriage, intestacy law treats the surviving partner as a legal stranger. Without a will, they receive nothing from the estate.
Domestic Partners
Domestic partners are only protected in certain states. Some states give them inheritance rights or benefits, while others limit recognition to specific groups or only apply under local laws.
In many places, couples must take the extra step of formally registering their partnership before those protections apply. The table below shows where domestic partnerships are recognized, where they’re limited, and where they don’t exist.
| Category | States / Jurisdictions |
|---|---|
| Statewide Domestic Partnership | California, DC, Maine, Nevada, Oregon, Washington, Wisconsin |
| Similar Status | Hawaii (reciprocal beneficiaries), New Jersey |
| No Recognition | Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wyoming, Guam, Puerto Rico, U.S. Virgin Islands |
NCSL’s Civil Unions and Domestic Partnership Statutes.
** Washington’s statute maintains state-registered domestic partnerships for couples where one partner is at least 62.
Common-Law Spouses
Common-law spouses inherit only in a few states. Where recognized, they have the same rights as married spouses. Elsewhere, they receive nothing unless a valid will names them. The table below breaks down which states fully recognize common-law marriage, which offer limited recognition, and which reject it altogether.
| Category | States / Jurisdictions |
|---|---|
| Full Recognition | Colorado, DC, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah |
| Limited Recognition | Alabama, Alaska, Florida, Georgia, Idaho, Illinois, Indiana, Michigan, Minnesota, Mississippi, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, South Carolina, South Dakota, Virgin Islands, Wisconsin |
| No Recognition | American Samoa, Arizona, Arkansas, California, Connecticut, Delaware, Guam, Hawaii, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Missouri, Nebraska, New Mexico, North Carolina, North Dakota, Oregon, Puerto Rico, Tennessee, Vermont, Virginia, Washington, West Virginia, Wyoming |
These rules mean that people outside the legal family circle are left out. At the same time, property may still go to relatives you barely knew or no longer spoke to. The law doesn’t look at personal bonds, only legal ones. A will ensures your choices, not default rules, decide who inherits.
Examples of Intestate Succession
Intestate succession laws vary by state, and the rules can look different depending on where someone lives. To see how these differences work in practice, here are some examples that highlight how a few states handle this process.
Intestate Succession: California
Under CA Prob Code § 6401 (2024), a surviving spouse inherits one-half of all community and quasi-community property. The remaining community property depends on who survives. The spouse receives all if no children, parents, or siblings remain, half if one child or surviving parents or siblings remain, and one-third if two or more children remain.
Intestate Succession: Texas
If someone dies without a will in Texas, community property usually goes to the spouse, while separate property is shared between the spouse and relatives. If there’s no spouse, assets pass to children, parents, siblings, or other kin in that order, under the Texas Estates Code, Chapter 201.
If there are surviving children from a previous relationship, however, those children will be entitled to one-half of any community property.
Intestate Succession: Florida
According to Florida intestate succession, when someone dies without a will, the spouse inherits everything if there are no descendants or all are shared. If there are descendants from outside the marriage, the estate is split between the spouse and descendants. Without a spouse, it goes to children, parents, siblings, or other kin under the Florida Probate Code, Chapter 732 (2024).
Intestate Succession: North Carolina
In North Carolina, if someone dies without a will, property is distributed according to intestate succession NC laws under Gen. Stat. Ch. 29. Adopted and legitimized children inherit as biological, and children born out of wedlock inherit if paternity is proven.
Powers of Attorney End at Death
A power of attorney only works while you’re alive. Once you die, the agent loses all authority. If you leave no will, the court will appoint an administrator under intestacy laws to handle your estate.
How Probate Works Without a Will
When someone dies without a will, the estate still goes through probate court. The process begins with a petition, and the judge appoints an administrator to manage the estate. If no suitable family member is available, the court may assign a lawyer or county official to step in.
The administrator carries out the same responsibilities as an executor. In practice, this means they need to:
- Collect and value the estate’s assets
- File inventories and reports with the court
- Pay debts and taxes
- Distribute what remains to heirs
Not all assets go through probate. Some transfer on their own, such as:
- Joint tenancy property with rights of survivorship
- Payable-on-death and transfer-on-death accounts
- Life insurance and retirement accounts with named beneficiaries
The probate process without a will is often slow and expensive. It typically takes one to two years, and assets remain frozen during that time. Accounts might earn interest, but families can’t access the funds. Property often has to be sold to cover debts. Every step goes before a judge, who signs off on the final distribution before the estate is closed.
Some states allow simplified probate for small estates, but most require the full process. Because it limits flexibility and delays access to assets, many people turn to wills or other planning tools to spare their families added stress.
What Happens to Your Home, Bank Accounts, and Belongings Without a Will?
When there’s no will, the probate court pays debts first, then distributes assets under state intestacy laws. Heirs must outlive the decedent to inherit. If no heirs exist or can’t be found, property escheats (goes) to the state.
| Asset Type | What Happens Without a Will |
|---|---|
| Real Estate | Usually goes through probate. May pass outside probate if covered by homestead laws, a transfer-on-death (TOD) deed, or joint ownership with survivorship. Otherwise, follows intestacy laws. Some states also allow an affidavit of heirship to transfer real property without full probate. |
| Bank Accounts & Securities | POD/TOD accounts go to named beneficiaries. Joint accounts transfer to surviving owners but may face creditor claims. Sole accounts without beneficiaries require probate; unclaimed funds can escheat to the state. |
| Vehicles | TOD registration passes to a beneficiary (where allowed). A surviving spouse may use a simplified transfer. Otherwise, vehicles become part of the probate estate. |
| Insurance & Retirement Accounts | Named beneficiaries override intestacy. Without them, proceeds fall into the estate and go through probate. |
| Digital Assets | Executors may not access email or social media. Some states grant limited rights under RUFADAA, but access depends on provider policies |
| Small Estates | If the estate is small enough, heirs may use a small estate affidavit to transfer property without a full probate case. Some states also offer a simplified probate process for estates under a set dollar amount, though assets still follow intestacy laws. |
| Personal Belongings | Personal items like furniture, jewelry, or heirlooms are distributed under intestacy laws. |
| Pets | Treated as property. Without a will, pets pass under intestacy rules unless you name a caretaker. All 50 states plus D.C. now allow pet trusts to make sure your animals are cared for. |
Living Trusts and Intestacy
A revocable living trust helps you avoid intestacy by sending assets directly to your beneficiaries. It skips probate and keeps state laws from deciding who inherits. Still, trusts cost more to set up, need ongoing upkeep, and require property to be re-titled.
What Happens to Minor Children If Parents Die Without a Will?
When parents die without a will, the law makes the decisions. Custody, guardianship, and inheritance fall under state rules, often leaving children with added stress and uncertainty.
If one parent dies, custody usually passes to the surviving parent unless their rights were terminated. If both parents die, the court steps in to appoint a guardian, often a relative or close family friend.
While the child custody terms of a will may not be binding on a court, they do give insight into the parents’ preference of guardians for their children. Without a will, parents lose that influence.
Courts may appoint someone the parents never would have chosen, and in rare situations, children may even be placed in foster care. On top of the emotional strain, money issues can compound the problem. Assets may get tied up in probate, creating delays that leave kids without the financial support they need right away.
Custody and financial delays aren’t the only concerns. Inheritance rules can add more uncertainty, since how assets are divided depends on state law:
- New York: The spouse receives the first $50,000, then the rest is split between the spouse and children.
- Texas: The spouse keeps everything if all the kids are shared. If not, the spouse keeps half, and the children split the other half.
- Florida: The spouse inherits all property, even if children survive.
Without a will, children face more than loss. At the very moment they need support, children can be dragged into lawsuits, left waiting for funds, and forced into uncertain situations. That’s what happens if you die without a will: the law takes control.
The Risks of Dying Without a Will
Dying without a will means the state takes control of your estate. Intestacy laws decide who inherits, but those rules rarely match personal wishes. Families are left managing the consequences.
- Your wishes aren’t followed. Intestacy laws are blunt and one-size-fits-all. Assets may go to people you didn’t want to benefit, while those you cared about most are left with nothing.
- Estranged relatives inherit. The law puts them next in line, even if you had no relationship. Some data suggest that one in four people is estranged from at least one family member, making this a real risk.
- Family conflict grows. Disputes over money, heirlooms, or sentimental belongings can strain or even break relationships.
- Probate gets drawn out. Without a will, the process takes longer, costs more, and often requires expensive lawyer fees.
- Wealth is reduced. Poor planning can eat away at generational wealth. Estate taxes may cut it by as much as 40%.
- Children face uncertainty. Without clear directions, minor children may end up in the hands of the court system.
- Charities lose out. Any plan to leave money to a cause you support is ignored unless written into a will.
With a will, your intentions are clear and your loved ones are protected. It makes sure your wishes are honored, your family is cared for, and your legacy lives on.
Wills and the Wealth Gap
A study from the Boston College Center for Retirement Research shows that if Black families wrote wills at the same rate as white families, the racial wealth gap could shrink by 10% in three generations. Not having wills has bigger impacts on women and communities of color, making it harder to pass down and protect wealth.
Don’t Leave It to State Law
Planning ahead protects the people and causes that matter most. A will makes sure you, not the court, decide what happens to your estate. Still, the gap is clear. More than half of people say estate planning matters, yet more than half don’t have a will. That’s the intestate meaning in practice—without a plan, state law decides who inherits.
Legal Templates helps close that gap with a free last will and testament template, along with a full range of other end-of-life documents to cover your needs.
