What Happens When There's No Will — Intestate Succession Explained

About 60% of Americans die without a will. If your parent was one of them, you're not alone — and you're not without options. But you are about to navigate a process that's more complicated, more time-consuming, and potentially more contentious than it needed to be.

What “Dying Intestate” Actually Means

When someone dies without a valid will, they die “intestate.” This means the state — not your parent — decides who gets what. Every state has intestate succession laws: a predetermined hierarchy of who inherits. These laws don't know what your parent verbally expressed, what informal agreements were made, or what makes practical sense for your situation.

Who Inherits Without a Will

The general hierarchy in most states:

• Surviving spouse: Inherits a significant portion, sometimes all, of the estate.
• Children: If no surviving spouse (or alongside one), children inherit equally. Includes adopted children, generally not stepchildren.
• Parents: If no surviving children.
• Siblings: If no parents survive.
• Extended family: Grandparents, aunts, uncles, cousins.
• The state: If no living relatives can be identified, the estate goes to the state.

The Parts That Surprise People

Unmarried partners don't inherit. This is one of the most painful surprises in intestate situations. A long-term partner inherits nothing under intestate law regardless of how long they were together.

Estranged family members have the same rights as close ones. Intestate law doesn't account for relationships. A sibling your parent hadn't spoken to in 30 years has the same legal inheritance rights as the one who was there every day.

Debts come before inheritance. The estate must pay its debts before any inheritance is distributed. If debts exceed assets, beneficiaries may receive nothing.

What Happens to Specific Assets

Assets that DO pass through intestate succession:

• Real estate owned solely by the deceased
• Bank accounts with no beneficiary designation and no joint owner
• Personal property (furniture, vehicles, jewelry, collectibles)
• Investment accounts with no beneficiary designation

Assets that DON'T pass through intestate succession:

• Life insurance with a named beneficiary
• Retirement accounts (IRA, 401k) with a named beneficiary
• Bank accounts with a payable on death (POD) designation
• Real estate held in joint tenancy with right of survivorship
• Assets held in a trust

What happens to bank accounts when someone dies →

The Probate Process Without a Will

Without a will, there's no named executor. The court will appoint an administrator, typically the closest next of kin who applies. The administrator's job is the same as an executor's — inventory assets, pay debts, distribute what remains.

Without a will, this process tends to take longer. There's more court involvement, more opportunity for family members to challenge the process, and more ambiguity at every step. Expect 18 to 24 months or more for any estate with real complexity.

Probate explained: how long it takes and what to expect →

When Family Members Disagree

Intestate situations create more family conflict than almost any other estate scenario. Without a will, there's no authoritative document. There's only the law, and the law feels cold and impersonal when you're grieving.

If all heirs agree to distribute the estate differently than the law requires, many states allow this through a family settlement agreement. If a dispute can't be resolved, it goes to court — expensive, slow, and almost always damaging to family relationships.

How to deal with family disputes during estate settlement →

What To Do Right Now If There's No Will

• Get the death certificate — you'll need 10 to 15 certified copies.
• Secure the assets — property, mail, bills, and make sure nothing is removed without authorization.
• Find out if probate is required — small estates may qualify for simplified procedures.
• Consult an estate attorney — with no will, professional guidance is worth it.
• File with the probate court if required — the Letters of Administration give you legal authority to act.
• Inventory everything — all assets and all debts. This is the foundation of everything that follows.

One Thing You Can Still Do

If your parent is still alive and doesn't have a will — this is the post to share with them. A basic will is not expensive or complicated to create. Online tools can produce a valid will for under $200. An estate attorney can do a more comprehensive job for a few hundred to a few thousand dollars.

The cost of not having one — in time, money, family conflict, and emotional toll — is almost always far higher.

Will vs. trust vs. probate: what's the difference? →

Frequently Asked Questions

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