What Happens If You Die Without a Will? State Intestacy Laws Explained
What are State Intestacy Laws?
When lawyers talk about “intestacy laws”, what they mean is what happens if you die without a valid will. Every U.S. state has its own set of rules that kick in automatically when someone dies intestate (without a will).
Think of it as the government’s default inheritance plan. Is the plan B for dividing your stuff. The catch? It’s a one-size-fits-all system designed by lawmakers, not by you. Intestacy laws usually prioritize your closest family (spouse, kids, parents, siblings), but they don’t take into account your actual relationships, wishes, or grudges (muahahaha).
That means your unmarried partner, your best friend, or your favorite charity won’t see a dime. And yes, the sister who pulled your pigtails in third grade might end up with a bigger piece of your estate than you’d ever want. So let’s dive in and see how they work in practice.
The Basics of State Intestacy Laws
If you die WITH a will, your property goes to the people (beneficiaries) you name.
If you die WITHOUT a will (called dying intestate), your state’s intestacy laws take over.
These laws create a default inheritance plan usually prioritizing your closest family.
Typical Order of Inheritance
Every state is different, but most intestacy statutes follow a similar order:
Spouse and Children
In many states, a surviving spouse gets the largest share, often split with any children.
Example: If you’re married with kids, your spouse and children usually split the estate.
Fun Fact: Posthumous Children Can Inherit- If a child is conceived before the parent dies but born afterward, they’re still legally entitled to inherit.
Parents
If you have no spouse or children, your estate typically goes to your parents.
Siblings
If no spouse, children, or parents, then siblings may inherit.
Extended Family
Grandparents, aunts, uncles, cousins, and more distant relatives may inherit if closer family is not living.
The State
If no heirs can be found, your estate may escheat (there is the jargon again, this means “revert”) to the state.
What Property Does Intestacy Laws Cover?
Property in your sole name (like a house, bank account, or car).
Assets without a designated beneficiary (like life insurance or retirement accounts without named heirs).
Property not held in a trust or jointly owned with survivorship rights.
So, basically everything 😬
What Happens If You Die Without a Will? State Intestacy Laws Explained
Why Intestacy Laws Matter / Why should you care?
Intestacy laws may not reflect your wishes. For example, unmarried partners, close friends, or charities won’t inherit under intestacy laws.
Intestacy laws can be especially harsh if your life doesn’t fit the “traditional” family mold. For LGBTQ+ folks, unmarried partners, blended families, or anyone who relies on chosen family, these rules won’t protect the people who actually matter most to you.
They can create conflict among surviving relatives who may not agree with how the estate is split.
They highlight why having a will or trust is so important — to make sure the right people inherit as you intended.
Key Takeaway
State intestacy laws are the government’s “backup plan” for your estate. They are kind of the government's best guess at where the chips should fall. Often this default distribution does not match what you would have wanted. If you want to disinherit your sister, you know the aforementioned one who pulled your pigtails, she could have the last laugh. We aren’t saying spite should be a motivator to get a will or trust in place but if that is what motivates you who are we to judge.
Nerding out Note
Common Law (U.S., U.K., Canada, Australia, etc.) vs Civil Law Systems (France, Spain, Germany, much of Latin America, etc.). That’s not the case in civil law systems (France, Spain, Germany, much of Latin America). Here, intestacy laws and forced heirship rules are far more rigid. Even if you have a will, you can’t freely distribute your estate without respecting the mandatory shares set aside for certain heirs. Civil law countries enforce strict inheritance codes with little flexibility, limiting how much control individuals have over their legacy. This makes wills more critical to have in place when you live in a country with a Civil Law system.