If someone dies without a valid will, state intestacy laws decide who gets their property. The result may differ from what they would have wanted.
How the order usually works
- A surviving spouse often inherits all or a large share, depending on whether there are children.
- Children inherit if there is no spouse, or share with a spouse.
- If none, parents, siblings or more distant relatives inherit in a set order.
- If no relatives are found, property can pass to the state.
Stepchildren and unmarried partners
Unmarried partners and stepchildren typically do not inherit under intestacy unless they were legally adopted or otherwise provided for. This is one reason people with non-traditional families should have a will.
What to do
- Find out whether a will exists, including searching the person's papers and safe deposit box.
- File a petition in probate court to be appointed administrator.
- Notify heirs and creditors.
- Inventory assets and pay debts.
- Distribute according to state law.
Assets outside intestacy
Accounts with a beneficiary, jointly owned property and assets in a trust pass outside intestacy. See our guides on probate and beneficiary designations.
Frequently asked questions
Can I choose who inherits without a will?
No. State law decides.
Is intestacy slower?
Often yes, since the court must identify heirs.