Administrative guidance only. Intestate succession laws are complex and vary significantly by state. This page provides general educational information only. Consult a licensed estate attorney in your state for legal advice specific to your situation.
What "dying intestate" means
When someone dies without a valid will, they die "intestate." This means the state's intestacy laws — not the deceased's wishes — determine who inherits the estate.
Every state has intestacy laws that establish a default inheritance order, typically prioritizing a surviving spouse, then children, then other relatives. The court appoints an "administrator" (equivalent to an executor) to manage the estate.
⚠️ Key point: Without a will, unmarried partners, stepchildren (unless legally adopted), close friends, and charities receive nothing — regardless of the deceased's wishes or the closeness of the relationship. Only legally recognized relatives inherit under intestacy laws.
Who inherits when there's no will?
Intestacy laws follow a priority order. The following table shows the typical pattern — but always verify your state's specific laws:
| Survivors present | Typical inheritance distribution |
|---|---|
| Spouse + children (of the deceased) | Spouse receives 1/3 to 1/2; children share remaining. Varies by state. |
| Spouse only (no children) | Spouse inherits everything in most states |
| Children only (no spouse) | Children split the estate equally |
| No spouse, no children | Parents, then siblings, then extended family per state law |
| No relatives | Estate escheats (transfers) to the state government |
Community property states
In community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin), assets acquired during marriage are generally owned equally by both spouses. The surviving spouse typically retains their half; the deceased's half passes through intestacy or other mechanisms. Community property intestacy rules are more complex — consult an attorney.
The intestacy process — step by step
- File for administration — a family member petitions the probate court to open the estate. The court appoints an "administrator" (same role as executor, different title)
- Court issues Letters of Administration — this document gives the administrator legal authority to act for the estate, equivalent to Letters Testamentary in a will-based probate
- Asset inventory — the administrator identifies and values all estate assets
- Creditor notification — the administrator publishes notice to creditors (required by state law)
- Debt payment — valid debts are paid from estate assets in priority order
- Distribution — remaining assets are distributed according to state intestacy law
- Court closure — administrator files final accounting and petitions for estate closure
What to do immediately (no will situation)
The administrative process is largely the same whether or not a will exists. Your immediate priorities:
- Do not distribute any assets before debts are paid — this creates personal liability for the administrator
- Do not close bank accounts or transfer assets until Letters of Administration are issued
- Search thoroughly for a will — check home safes, filing cabinets, email, and contact any attorneys the deceased may have worked with
- Contact an estate attorney early — intestacy cases benefit from legal guidance
- Keep meticulous records of all estate assets, debts, and transactions
Navigating an estate without a will?
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