What happens if you die without a will

If you die without a valid will, you are said to have died “intestate.” For property that has to go through the court process known as probate, your state’s law — not informal wishes, a conversation with family, or a note that was never signed as a will — generally decides who inherits.

This page describes common patterns across the United States. It is not a statement of any one state’s law, and it is not legal advice. Where we mention a specific official source, we name it. Where rules differ, we stay general.

Intestacy: who inherits if there is no will

Every state and the District of Columbia has intestacy statutes. The details differ, but a few patterns show up often:

A surviving spouse and the decedent’s children usually have first priority in the probate estate.
If there is no spouse or child, property often passes to parents, then to siblings, then to more distant relatives, in an order the state sets.
The exact shares, and who counts as a spouse, partner, or child, are not the same everywhere. Some states recognize registered domestic partners; many do not treat an unmarried partner like a spouse. A stepchild who was never adopted often does not inherit under intestacy. We do not list percentages here, because quoting one state’s table would be misleading in another.
If no eligible heir is found, remaining probate property may pass to the state, a result often called escheat. Official pages in individual states describe this under that state’s law; it is not a federal rule with one national procedure.

Intestacy generally applies to probate property. Assets that already have a beneficiary, are jointly owned with a right of survivorship, or are payable- or transfer-on-death often pass outside the will and outside intestacy. Whether that is true for a given account or title depends on how it is set up and on state law.

The Alaska Court System’s self-help page on intestacy is a clear official definition of the idea: a person who dies without a will dies intestate, and state law decides what happens to that person’s property. Alaska also publishes its own distribution charts and dollar figures; those are Alaska’s rules, and we do not apply them to any other state. The Texas State Law Library similarly explains that dying without a will does not automatically skip court, and that intestacy does not control nonprobate property — again, as a Texas-focused guide, not as a national code.

What probate is

Probate is the court process used to collect a deceased person’s assets, pay valid debts and taxes, and transfer what remains. USAGov notes that state and territory courts include “probate court for wills and estates.” In some places the same work happens in a superior, circuit, or surrogate’s court rather than a court with “probate” in its name, but the function is still a state or local court matter, not a federal one.

Probate can apply when there is a will (the court is asked to accept the will and appoint the person who will administer the estate) and when there is not (the court is asked to appoint someone and follow intestacy). The South Dakota Attorney General’s probate overview, written for that state, describes the same basic job: transfer property under a will or, if there is no will, under state law; pay creditors; and handle applicable taxes and costs from the estate. We cite it as a general official description of the process, not as a source of nationwide fees.

Time, cost, and whether a simpler out-of-court procedure is available all vary by state and by the size and type of the estate. Some states have affidavit or small-estate procedures for more modest estates. Because those thresholds and fees are not uniform, this site does not quote a typical probate bill or a typical timeline.

Minor children

Parents often use a will to nominate a guardian for minor children. If no valid nomination is in place, a court generally decides who will care for them. The exact process is set by state law. A living trust can hold property for a child; it is not a substitute for that guardianship nomination.

What a will can do that intestacy cannot

A valid will generally lets you choose beneficiaries, name someone to administer the estate, and nominate a guardian for minor children. It can also express funeral or other personal wishes, though some of those directions are handled outside the will. Intestacy supplies a default heir list. It does not let you pick a friend, a partner the state does not recognize, a charity, or a different mix of relatives than the statute provides.

A will does not, by itself, avoid probate. People who want to limit probate sometimes use a revocable living trust, beneficiary designations, or state-specific transfer-on-death tools. Those options have tradeoffs, and they are not necessary for everyone. Our will-or-trust check is a starting point for that comparison, not a substitute for advice.

Sources

USAGov, “Federal, state, territory, county, and municipal courts,” noting that state and territory courts include “Probate court for wills and estates.” Last updated March 2, 2026. https://www.usa.gov/courts
Alaska Court System, “Death Without a Will — Intestacy,” for an official definition of intestacy and the general point that state law decides who inherits. Alaska’s own share charts and dollar figures are not used here as if they applied nationwide. https://courts.alaska.gov/shc/probate/intestacy.htm
Texas State Law Library, “When There Is No Will,” for the general points that probate may still be required without a will, and that nonprobate assets often pass outside intestacy. Texas-specific community-property rules are not applied to other states. https://guides.sll.texas.gov/probate/when-there-is-no-will
South Dakota Attorney General, “Probate,” for a general official description of probate as the court process that transfers property under a will or, if there is none, under state law, and that debts, taxes, and costs are typically paid from the estate. South Dakota fees are not cited as national figures. https://atg.sd.gov/victim/seniors/probate.aspx
USAGov, “Find a lawyer for affordable legal aid,” if you want help finding a lawyer. Last updated November 17, 2025. https://www.usa.gov/legal-aid

Checked November 10, 2026. If you need advice about your own family or property, talk to a licensed attorney in your state.

Start the will-or-trust check Not legal advice