What Happens If You Die Without a Will (Intestacy)
Dying "intestate" means your state's default inheritance formula decides who gets your assets — not you.
How intestate succession works
Every state has a statutory formula that distributes assets among a surviving spouse, children, parents, and other relatives in a fixed order — it does not account for unmarried partners, stepchildren you didn't legally adopt, friends, or charities.
Who decides guardianship and administration
Without a will, the court appoints an administrator (often a family member who petitions) and decides guardianship for minor children based on state law and the child's best interest — you lose the ability to name your own choice in advance.
Common surprises
In many states, a surviving spouse does not automatically inherit everything if there are also children or surviving parents — the estate can be split in ways that surprise families. Unmarried couples generally inherit nothing from each other under intestacy.
Frequently asked questions
- Does my spouse automatically get everything if I die without a will?
- Not necessarily — many states split the estate between a surviving spouse and children or parents, depending on the family structure.
- What happens to minor children if both parents die without a will?
- A court decides guardianship based on state law and the child's best interests, without any documented guidance from the parents unless one was provided separately.
- Can an unmarried partner inherit under intestacy?
- Generally no — intestate succession laws typically only recognize spouses and blood/legal relatives, not unmarried partners.