Understanding Intestate Succession: What Happens When There’s No Will

What Is Intestate Succession?

When a person dies without a valid will, their estate is considered intestate. Instead of the deceased’s wishes guiding distribution, state laws decide who inherits. These laws vary by state but generally follow a clear order of priority.

Who Inherits Under Intestacy Laws?

• Spouse – In most cases, the surviving spouse receives the largest share of the estate.

• Children – If there are children, they often share the estate with the spouse or inherit everything if no spouse survives.

• Parents – If no spouse or children exist, parents may inherit.

• Siblings – Brothers and sisters may be next in line if parents are not alive.

• Extended Relatives – If no immediate family survives, grandparents, aunts, uncles, or cousins may inherit.

• The State – If no relatives can be found, the estate may “escheat,” meaning it goes to the state.

Challenges of Dying Without a Will

• Family Disputes – Heirs may disagree about who gets what.

• Delays – Without clear instructions, the process can take longer.

• Unintended Outcomes – Assets may go to distant relatives instead of close friends or partners who aren’t legally recognized.

• Court Control – The court appoints an administrator to handle the estate, which limits family control.

How Families Can Prepare

• Encourage loved ones to create a will or trust to avoid uncertainty.

• Keep beneficiary designations updated on accounts and insurance.

• Discuss estate planning openly to reduce surprises and disputes later.

Final Thought

Intestate succession laws provide a safety net, but they may not reflect what the deceased truly wanted. Preparing a will or trust ensures loved ones are cared for and property is distributed according to personal wishes.