What Happens If Someone Dies Without a Will (Intestate Succession)

When someone dies without a valid will — called dying "intestate" — state law determines who inherits their estate. This guide explains how intestate succession works in the US, who inherits what, and why the results sometimes surprise families.

Intestate succession laws vary by state. This guide covers general US principles. Consult an estate attorney for state-specific guidance.

The Core Principle

Intestate succession laws are the law's best guess at what most people would want if they had written a will. They create a default distribution scheme based on family relationships. The closer the relationship, the higher in the priority hierarchy.

Intestate laws cannot account for:

• Specific wishes ("I want my books to go to my friend Maria")
• Non-traditional relationships (long-term partners who weren't married)
• Disproportionate contributions by different family members
• Special circumstances ("my son has plenty of money; my daughter needs it more")

This is why having a will matters. Intestate succession often produces results that don't reflect the deceased's actual wishes.

The General Hierarchy

While states vary, most follow this general pattern:

If there is a surviving spouse

The surviving spouse typically receives a significant portion or all of the estate, but this varies by state and by whether there are surviving children:

• If the deceased has no children: spouse typically inherits everything
• If the deceased has children only with the surviving spouse: spouse typically inherits everything (most states) or a share (some states)
• If the deceased has children from a different relationship (not shared with the current spouse): the estate is typically divided between the spouse and the deceased's children — proportions vary by state

If there is no surviving spouse

Children inherit equally. If a child predeceased the deceased parent, that child's descendants (the deceased's grandchildren) typically step into the predeceased child's share ("per stirpes" distribution).

If there are no children

Parents inherit. If no living parents, siblings inherit. If no siblings, more distant relatives in the order set by state law. Eventually, if there are truly no living relatives, the estate "escheats" to the state.

Who Counts as an "Heir"

Biological and legally adopted children

Both biological and legally adopted children are treated equally as heirs. Adopted children inherit from their adoptive parents (and vice versa) but generally not from their biological parents (unless adopted by a stepparent, which may be treated differently).

Stepchildren

Stepchildren do NOT inherit under intestate succession unless they were legally adopted. A stepparent's estate does not pass to a stepchild who was never adopted, regardless of the closeness of the relationship.

Unmarried partners

Unmarried partners — no matter how long the relationship — do NOT inherit under intestate succession in most states. This is one of the most significant reasons why unmarried partners need wills and beneficiary designations.

Half-relatives

Half-siblings (sharing one parent) are generally treated the same as full siblings in most states' intestate laws.

Same-sex spouses

Following Obergefell v. Hodges (2015), same-sex spouses are legally recognized and inherit as spouses under intestate succession in all states.

Community Property States

In the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), property acquired during the marriage is "community property" owned equally by both spouses. When one spouse dies intestate, their half of the community property typically goes to the surviving spouse. The deceased's separate property (owned before marriage or inherited during it) follows the general intestate hierarchy.

The Practical Impact

Intestate succession creates real problems in some common family situations:

• Unmarried couple: Partner inherits nothing. Parents or siblings of the deceased inherit instead.
• Blended family: Children from a prior relationship may receive a portion of the estate that the surviving spouse expected to receive.
• Parent who preferred one child over another: No distinction — all children share equally.
• Close friends or charitable organizations: Non-relatives cannot inherit intestate — they need to be named in a will.

If You're Administering an Intestate Estate

The process for intestate estates is similar to testate (with will) probate:

1. A petition is filed with the probate court to open administration
2. The court appoints an "administrator" (rather than executor)
3. The administrator manages the estate under court supervision
4. Assets are distributed according to state intestate succession laws

For the complete will guide, see our guide to understanding a will after a death. For the probate process, see our complete probate guide.