Intestate Succession: What Happens Without a Will

Dying without a will doesn't mean an estate goes unsettled — it means state law, not the deceased's own wishes, decides who inherits and in what shares. Here's how that process actually works.

State law decides, not the family

When someone dies "intestate" — without a valid will — a court distributes the estate according to that state's intestate succession laws rather than any informal understanding among family members about what the deceased would have wanted.

The typical order of priority

A surviving spouse and children generally inherit first, in shares set by state law. If there's no spouse or children, the estate typically passes to parents, then siblings, then more distant relatives, following an order defined by that state's statute.

Who gets nothing under intestate succession

Unmarried partners, close friends, and charities typically receive nothing through intestate succession, no matter how close the relationship was — state intestate law only recognizes marriage and blood/legal family relationships.

Opening an intestate estate

Someone — usually a close family member — has to petition the probate court to open the estate. The court then appoints an administrator (the intestate equivalent of an executor, since there's no will to name one) and issues Letters of Administration.

If no relatives can be found

In the rare case where no eligible relatives can be located at all, the estate escheats to the state — meaning the state itself becomes the heir of last resort.

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Frequently asked questions

Do state intestate succession rules vary a lot?

The general structure is similar everywhere — spouse and children first, then more distant relatives — but the exact shares and order vary meaningfully by state. Many states have adopted some or all of the Uniform Probate Code, which creates more consistency, but it's not universal.

Can a verbal promise from the deceased override intestate succession?

Generally no — without a valid written will, state intestate succession law controls regardless of anything the deceased may have said informally about their wishes.