TrustwiseBy cocreateidea

What happens if you die without a will

2026-04-21

When someone dies without a valid will, they're said to die "intestate." The state's intestacy laws decide who inherits, who serves as executor, and — critically — who raises any minor children.

How intestacy actually works

Each state has a default order of succession. Roughly:

  1. Surviving spouse and children share the estate, in proportions the state sets
  2. If no spouse or children, parents
  3. If no parents, siblings
  4. ...and so on through more distant relatives

If no relatives can be found at all, the estate escheats to the state.

Why this is rarely what you'd choose

Even when the legal default produces the "right" people, it usually produces the wrong shape. Common mismatches:

  • You wanted to leave something to a partner you weren't married to. Intestacy gives them nothing.
  • You wanted to give a specific item to a specific person. Intestacy doesn't do specifics — everything goes pro rata.
  • You wanted to disinherit someone. Intestacy gives them their statutory share regardless.
  • You wanted to name a guardian for your kids. The court decides instead, often without knowing what you would have wanted.

A will costs about $150 and prevents all of this.

What happens if you die without a will — Trustwise