Intestate Succession: Dying Without a Will

What intestate succession means

Intestate succession is the legal process that applies when a person dies without a will. Rather than following the decedent’s own instructions, the estate is distributed according to state law.

1. Spouses and children usually come first

Most intestacy laws prioritize the surviving spouse and descendants. How the estate is divided depends on whether the decedent left children, grandchildren, or a surviving spouse.

• Spouses may inherit the entire estate when there are no children.
• When there are both a spouse and children, the estate is often split between them.
• If there are no children, descendants such as grandchildren may inherit.

2. Parents and siblings may be next in line

If there is no spouse or children, the estate typically moves to the decedent’s parents, siblings, or their descendants.

• Parents usually inherit when there is no surviving spouse or children.
• Siblings may inherit if there are no surviving parents.
• Nieces and nephews can inherit in place of a deceased sibling.

3. Intestacy can leave out important people

Because intestacy is based on fixed family categories, it may not match the decedent’s wishes. Unmarried partners, friends, and chosen charities generally do not inherit under these rules.

• Common-law partners are often excluded unless named in a will.
• Stepchildren usually do not inherit unless legally adopted.
• Personal property and unique bequests cannot be tailored without a will.

4. Creditor claims and estate administration

Before heirs receive anything, the estate must pay valid debts and expenses. Administrators must notify creditors, settle claims, and file required tax returns.

• Creditors are paid from estate assets before heirs inherit.
• Administrators must follow court procedures for notice and accounting.
• Some assets may be sold to satisfy debts if cash is not available.

5. When state law determines the outcome

Intestacy rules vary by state, so the same family situation can produce different results in different jurisdictions. It is important to review the applicable state law for the decedent’s last residence.

• Some states give a larger share to spouses or children.
• Other states use an equal-share scheme for descendants.
• Property held jointly or in trust may bypass intestacy rules entirely.