Creating a Last Will and Testament is the best way to ensure your assets are distributed according to your wishes. But if you pass away without a Will, your estate will be handled under a process called intestacy, and your property will be distributed according to default state laws—not personal preference.
This article explains what happens when someone dies intestate and what that means for their loved ones and estate.
What Does It Mean to Die Intestate?
When someone dies without a valid Will, they are said to have died intestate. In this case, the probate court will appoint someone to oversee your estate and distribute your assets based on state intestacy laws.
You won’t have a say in:
Who receives your assets
Who serves as guardian for your children
Who manages your estate
How Are Assets Distributed Without a Will?
Intestacy laws prioritize family relationships and follow a specific order of inheritance. While these laws vary by state, here’s how they typically work:
Spouse and Children
If you are married, your spouse often receives a large share, or all, of the estate.
If you also have children, the estate may be split between your spouse and children, depending on your state’s laws.
No Spouse or Children
If you die with no surviving spouse or children:
Your parents may inherit your estate.
If your parents are deceased, it may go to your siblings or extended family.
→ Related: What Is a Last Will and Testament?
Assets That May Bypass Intestacy
Some assets are not controlled by a Will and won’t go through intestacy, including:
Jointly owned property with right of survivorship
Life insurance policies with named beneficiaries
Retirement accounts (e.g., IRAs, 401(k)s) with named beneficiaries
Trust assets already transferred into a Revocable Living Trust
→ Related: What Is a Non-Probate Asset?
→ Related: How Do I Fund My Trust?
What Happens to Minor Children?
Without a Will, the court will decide who becomes the legal guardian of your minor children. This decision is based on what the court believes is in the child’s best interest, and may not align with your personal preferences.
Having a Will allows you to name a trusted guardian, helping avoid potential uncertainty or family conflict.
Why Having a Will Matters
Ensures your wishes are honored
Protects your children
Reduces family disputes
Avoids court-determined decisions
Without a Will, the court follows legal defaults—not your values or intentions.
→ Related: Why should I create a Will?