What Happens If You Die Without a Will?

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.