What happens if you die without a will?

Dying without a valid will is called dying intestate, and your state's intestacy statute then determines distribution through a fixed hierarchy: typically a surviving spouse and children first, then parents, then siblings, then more distant relatives. The formulas are rigid and frequently produce results people would not have chosen, such as splitting an estate between a spouse and adult children from a prior marriage in proportions the deceased never contemplated. Only if no relatives can be located does property pass to the state, which is rarer than the folklore suggests.

The people most harmed are those the statute does not recognize. Unmarried partners, no matter how long the relationship, generally inherit nothing. Stepchildren who were never legally adopted generally inherit nothing. Close friends, charities, and anyone else you would have wanted to include receive nothing. And for parents of minor children, the most consequential gap is guardianship: without a will nominating a guardian, a judge selects one from among those who petition, which can mean a contested proceeding between relatives during the worst period of a child's life.

Two further consequences. The court appoints an administrator rather than the executor you would have chosen, often requiring a bond, and the process is generally slower and more expensive than administering a clear will. And note what a will does not control: retirement accounts, life insurance, and payable-on-death accounts pass by beneficiary designation regardless of what any will says, and jointly held property with survivorship passes to the co-owner. That makes reviewing beneficiary forms as important as writing the will itself, since an ex-spouse still listed on a 401(k) will generally receive it. For simple estates, a properly executed will using a reputable service is inexpensive; complexity such as blended families, business interests, or property in multiple states warrants an attorney.