What Happens If You Die Without a Will? (State-by-State Breakdown) (Expanded Definition)

Ready to Publish

Author

OG Image (1200x630)

Excerpt

When a person dies without a will, known as dying intestate, their assets are distributed according to state intestacy laws, which can vary significantly. Understanding these laws is crucial to ensure your estate is handled according to your wishes, and seeking guidance from an attorney near you can help navigate this complex process.

Meta Description

Discover what happens if you die without a will in this comprehensive state-by-state breakdown of intestate succession laws. Understand the importance of having a will to ensure your assets are distributed according to your wishes. Need help? Find an attorney near you to guide you through the estate planning process.

Slug

estate-planning-probate-guide/estate-planning-basics-guide-beginners/what-happens-if-you-die-without-a-will-intestate-succession-laws

Alt Image Text

Flat vector illustration of a diverse family reviewing a will document, with courthouse and U.S. state map icons representing intestate succession laws and inheritance without a will.

What is Estate Planning? Everything You Need to Know

What Happens If You Die Without a Will? (State-by-State Breakdown) (Expanded Definition)

Estate Planning Basics for Beginners

Global Tags

Estate Planning

Parent item

Estate Planning Basics for Beginners

Sub-item

Hide in Main Feed

Post Id

1385

Updated

Mar 27, 2025 11:49 PM

Featured

Hide CTA

Hide Cover

What Happens If You Die Without a Will? A State-by-State Breakdown

Dying without a will, known as intestate, means that your state's laws will determine how your assets are distributed. These intestacy laws vary across the United States, but they generally prioritize close relatives. Here's an overview of how intestate succession works and a breakdown of the rules in different states.

💡 For every post in this series, scroll down to “Related Posts.”

Understanding Intestate Succession

When someone dies intestate, their assets are distributed according to a predefined hierarchy established by state law. Typically, this hierarchy is as follows:

Spouse and Children: The surviving spouse and children are usually the primary beneficiaries. The exact distribution depends on the state's laws and whether the assets are considered community property or separate property.

Parents: If there is no surviving spouse or children, the deceased's parents are next in line.

Siblings: If the parents are also deceased, siblings and their descendants inherit the estate.

Extended Family: In the absence of immediate family, more distant relatives like grandparents, aunts, uncles, and cousins may inherit.

Escheat to the State: If no relatives can be identified, the estate may escheat, or revert, to the state.

State-by-State Intestate Succession Laws

While the general hierarchy is similar, specific rules and percentages vary by state. Below is a breakdown of intestate succession laws in select states:

1. Texas

Community Property: If all children are from the current marriage, the surviving spouse inherits all community property. If there are children from previous relationships, the deceased's share of community property is divided among all children.

Separate Property:

Personal Property: One-third to the surviving spouse; two-thirds to the children.
Real Property: One-third life estate to the spouse; remainder to the children.

2. California

Community Property: The surviving spouse inherits all community property.

Separate Property:

One Child or Parent: The spouse receives half; the child or parent receives half.
Multiple Children: The spouse receives one-third; the children share two-thirds.

3. New York

With Spouse and Children: The spouse inherits the first $50,000 plus half of the remaining estate; the children inherit the rest.

With Spouse Only: The spouse inherits the entire estate.

With Children Only: The children inherit the entire estate.

4. Florida

With Spouse and Descendants:

Shared Descendants: The spouse inherits the entire estate.
Spouse Has Other Descendants: The spouse receives half; the descendants share the other half.

No Spouse: The descendants inherit the entire estate.

5. Illinois

With Spouse and Descendants: The spouse and descendants each receive half of the estate.

With Spouse Only: The spouse inherits the entire estate.

With Descendants Only: The descendants inherit the entire estate.

6. Pennsylvania

With Spouse and Parents: The spouse inherits the first $30,000 plus half of the remaining estate; the parents inherit the rest.

With Spouse and Descendants: The spouse inherits half; the descendants inherit the other half.

With Spouse Only: The spouse inherits the entire estate.

7. Ohio

With Spouse and Descendants:

Shared Descendants: The spouse inherits the entire estate.
Spouse Has Other Descendants: The spouse receives the first $20,000 plus one-third of the remaining estate; the descendants inherit the rest.

No Spouse: The descendants inherit the entire estate.

8. North Carolina

With Spouse and One Child: The spouse receives half; the child receives half.

With Spouse and Multiple Children: The spouse receives one-third; the children share two-thirds.

With Spouse and Parents: The spouse receives half; the parents share half.

9. Georgia

With Spouse and Descendants: The spouse and descendants share the estate equally, but the spouse's share cannot be less than one-third.

With Spouse Only: The spouse inherits the entire estate.

10. Michigan

With Spouse and Descendants: The spouse receives the first $150,000 plus half of the remaining estate; the descendants inherit the rest.

With Spouse and Parents: The spouse receives the first $150,000 plus three-quarters of the remaining estate; the parents inherit the rest.

Special Considerations

Community Property States: States like Texas and California recognize community property, meaning assets acquired during marriage are owned jointly. This affects how estates are divided intestate.

Laughing Heirs: Some states limit inheritance to close relatives to prevent distant relatives, or "laughing heirs," from inheriting. In such cases, if no close relatives exist, the estate may escheat to the state.

Uniform Probate Code (UPC): Some states follow the Uniform Probate Code (UPC), which standardizes intestate succession rules. States like Alaska, Colorado, and Montana have adopted this model, which simplifies the inheritance process.

Why You Should Have a Will

Dying intestate means your estate may not be distributed according to your wishes. Having a legally valid will ensures that:

Your assets go to the people or organizations you choose.

You can designate a guardian for minor children.

You minimize disputes among surviving family members.

You reduce the time and expense associated with probate.

Even a simple will can help your loved ones avoid unnecessary stress and legal complications. If you don’t have a will, now is the time to start planning.

Take Control of Your Legacy – Get a Will Today

Dying without a will means your state’s laws—not your wishes—determine who inherits your assets. This can lead to unnecessary delays, family disputes, and even the state claiming your estate if no heirs are found. Don’t leave your loved ones in legal limbo.

Take the first step toward protecting your family’s future by creating a legally valid will. Need help finding an attorney near you? ReferU.AI connects you with top-rated estate planning attorneys who specialize in wills and probate law. Get the guidance you need—before it’s too late.

Find an attorney near you today at ReferU.AI.

What Happens If You Die Without a Will? (State-by-State Breakdown) (Expanded Definition)