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.
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. Our Inheritance Explainer covers the full timeline and process for receiving an inheritance.
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.
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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Inheritance
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Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
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Divorce
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Learn moreForms for Planning and Settling an Estate
Free state-specific forms for planning an estate or settling one: a will, living trust, powers of attorney, TOD deed, and every probate form an executor files.
Petition for Probate and Letters
Open probate and ask the court to appoint you and issue Letters Testamentary or Letters of Administration.
Notice to Creditors
Notify estate creditors and start the claim period — the published notice plus mailed copies for known creditors.
Renunciation of Executor
Decline an appointment as executor named in a will — the writing filed with the court before anyone is appointed.
Affidavit of Heirship
Prepare the sworn statement of a deceased person's family history and heirs for recording in the county land records, with your state's recording instructions.
Small Estate Affidavit
Collect a small estate's property without probate — the sworn affidavit presented to banks and other holders, with a presentation letter for each.
Estate Inventory
Prepare the probate inventory of estate property — every asset at its date-of-death value, composed to your state's statute, with the state's filing or delivery instructions.
Tools for Planning and Settling an Estate
Free calculators and checklists for planning or settling an estate, by state: will and trust costs, probate, executor and trustee pay, and inheritance taxes.
How Much Does Probate Cost?
Estimate attorney fees, executor fees, court costs, and timeline for probating an estate.
What Are the Burial and Cremation Laws in My State?
See who controls final arrangements, cremation and burial rules, and what your state allows.
How Much Are Estate & Inheritance Taxes?
Calculate federal estate tax, state estate tax, and inheritance tax for an estate.
What Taxes Apply to My Inheritance?
Inheritance tax by state, federal tax on inheritance, and timeline estimates for receiving money, property, or retirement assets.
How Does Step-Up in Basis Work?
Calculate the new cost basis on inherited assets under IRC § 1014 and project capital gains tax savings.
What Are the Estate Laws in My State?
See probate costs, will requirements, trust rules, and intestacy laws for your state.
