What Happens If You Die Without a Will?
Use our free intestacy calculator to see exactly who inherits your estate and how much they get under your state's intestate succession laws.
See Your Family's Inheritance
Answer a few questions about your family to see exactly who would inherit your estate - and the complications that could arise.
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This calculator shows how intestate succession laws distribute assets when someone dies without a will. Actual distribution may be affected by community property rules, asset titling, and beneficiary designations. This calculator provides educational estimates only and does not constitute legal advice. Consult a licensed attorney in your state for guidance specific to your situation.
Instant Calculations
See spouse and children shares calculated in seconds based on your state laws.
All 50 States + DC
Complete coverage of intestate succession rules for every U.S. jurisdiction.
Complex Rules Explained
Handles community property, blended families, and state-specific variations.
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Frequently Asked Questions
Intestate succession is the legal process that determines who inherits property when someone dies without a valid will. Each state has laws specifying the order of inheritance, typically prioritizing the surviving spouse and children, followed by parents, siblings, and more distant relatives.
The surviving spouse's share varies by state. In some states, the spouse inherits the entire estate if there are no children. In others, the spouse shares with children or even with the deceased's parents. Community property states have different rules for community versus separate property.
Yes, in most states. When the deceased has children who are not also children of the surviving spouse, the spouse typically receives a smaller share. This protects children from being disinherited by a step-parent.
Per stirpes means descendants inherit their deceased ancestor's share. For example, if a child predeceases the parent, that child's children split the deceased child's share. Per capita at each generation divides equally among living members of each generation.
The estate typically passes to the deceased's parents, then siblings, then nieces and nephews, and so on through more distant relatives. If no relatives can be found, the estate "escheats" (transfers) to the state.
In community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI), the surviving spouse typically receives 100% of the deceased's community property but may share the separate property with children or other heirs.
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