What Happens If You Die Without a Will?

Dying without a will is called dying "intestate." When this happens, state intestacy laws dictate how your property is distributed.

Typical intestacy distribution:

Married with children — Spouse receives a portion (often half to two-thirds), and children split the remainder.

Married without children — Spouse typically inherits everything, though some states give a share to parents.

Unmarried with children — Children inherit everything equally.

Single without children — Parents inherit. If parents are deceased, siblings inherit. Then more distant relatives.

No surviving relatives — The estate "escheats" (goes to the state).

Who does NOT inherit under intestacy:

Unmarried partners (regardless of how long you lived together)

Stepchildren (unless legally adopted)

Friends

Charities

In-laws

Court appointment. Without a will naming an executor, the court appoints an administrator — typically the surviving spouse or next of kin. The administrator must post a bond and follow strict rules.

Guardianship of minors. Without a will nominating a guardian for your minor children, the court decides who will raise them.

Additional consequences:

The process may take longer and cost more.

Family disputes are more likely.

You cannot make specific bequests (grandmother's ring to a particular person).

Tax planning opportunities are lost.

This is legal information, not legal advice.