Wondering what happens if you die without a will? Dying intestate means the state decides how your estate is handled — not you. Without a valid will, your property, guardianship decisions, and inheritance plans follow strict legal rules you don’t control.
This guide explains what really happens if you die without a will, how intestate succession works, and what your family can expect during the probate process. Planning ahead now can prevent costly legal battles later.
What Does “Dying Intestate” Mean?
If you die without a valid will, your estate goes through intestate succession, a legal process where the state determines how your property is distributed. You lose the ability to name beneficiaries, assign guardians for children, or control how specific assets are passed down.
Each U.S. state has its own rules for intestate succession, but most follow a similar pattern that prioritizes spouses, children, and other close relatives.
Who Inherits Your Assets Without a Will?
If You’re Married
In most states, your spouse receives the majority of your estate. However, if you also have children from a previous relationship, your estate may be split between your spouse and those children.
If You Have Children
Biological and legally adopted children are typically next in line. Without a spouse, your children usually inherit everything, divided equally.
If You’re Single with No Children
Your assets generally pass to your parents, then to siblings, and then to more distant relatives. If no living relatives can be found, the state may take possession of your estate — a process known as escheat.
What Happens to Minor Children?
If you die without a will and have children under 18, a court will appoint a guardian. This person may not be someone you would have chosen. The court’s decision is based on what it deems to be in the best interests of the child — but without your guidance, there’s no way to ensure your wishes are followed.
Naming a guardian in your will is one of the most important things you can do to protect your children’s future.
What About Joint Assets and Beneficiary Accounts?
Not all property goes through intestate succession. Some assets are passed automatically to a co-owner or named beneficiary:
- Jointly owned property usually transfers to the surviving co-owner.
- Retirement accounts, life insurance, and payable-on-death (POD) bank accounts go directly to the named beneficiaries.
- Trust assets are governed by the terms of the trust, not probate.
However, if these designations are outdated or missing, the assets may be pulled into probate and distributed under intestate law.
How Does the Probate Process Work Without a Will?
Without a will, your estate goes to probate court, where the court appoints a personal representative (also called an administrator) to manage your assets. This person will:
- Inventory and value your property
- Pay debts and taxes
- Locate heirs
- Distribute assets according to state law
Probate can take several months or longer, and it may create additional costs and stress for your family — especially if heirs don’t agree on who should receive what.
For more details on how intestate succession works, visit the American Bar Association’s guide to dying without a will.
Risks of Dying Without a Will
Here’s what can go wrong if you die intestate:
- Your assets may not go to the people you intended.
- Children could be placed with guardians you wouldn’t have chosen.
- Unmarried partners and stepchildren may receive nothing.
- Family conflict and legal challenges may arise.
- Probate may take longer and cost more.
Writing a will — even a simple one — gives you control, peace of mind, and helps your loved ones avoid unnecessary hardship.
Understanding what happens if you die without a will empowers you to take control of your estate planning before it’s too late.
Final Thoughts: What Happens If You Die Without a Will?
Dying without a will shifts control over your estate to the state. It removes your voice from decisions about your property, your children, and your final wishes. Even if you don’t have significant assets, having a basic will ensures that what matters to you is protected.
Creating a will doesn’t have to be expensive or time-consuming. It’s one of the most important steps you can take to care for your family and leave behind clarity, not chaos.
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- What Is Estate Planning and Why Does It Matter?
Frequently Asked Questions
Can the state take my money if I die without a will?
Yes — if no legal heirs can be found, your assets may go to the state through a process called escheat. This is rare but possible without a will.
Will my partner inherit if we’re not legally married?
In most states, unmarried partners have no legal right to inherit unless they’re specifically named in a will or trust.
Is a handwritten will valid?
Some states allow handwritten (holographic) wills if they meet specific legal requirements. However, a properly witnessed typed will is far safer and less likely to be contested.
