What Happens If You Die Without a Will? A Look at Intestate Succession

We all put it off. Creating a will feels like a complex and expensive task for another day. But what actually happens if that day never comes? 

If you die without a will, you don’t just leave your family with grief. You leave the decision of what should happen to your assets and personal belongings—whether they have monetary or mostly sentimental value—to the state. 

The intestate succession process follows a rigid script that might be unfair to your family and will often delay how quickly your loved ones can get access to bank accounts, real estate, automobiles, and other assets.

Intestate Succession: The State’s Default Plan

The probate court steps in whenever someone dies without a valid will—known as intestacy. The court follows its state’s intestacy laws, a one-size-fits-all formula for distributing your assets. This legal default plan pays no attention to your personal relationships or unspoken wishes.

The rules vary, but they follow a strict hierarchy. A surviving spouse and children are considered first with an unexpected division approach.

• In some states, your spouse might receive the first $50,000 of your estate and then share the remainder with your children.

• If you have no spouse or children, your parents or siblings become the default heirs.

This system leaves no room for nuance. A close friend you wanted to provide for, or a charity you supported, receives nothing. The state’s formula decides everything.