Intestate: What It Means and What Happens When Someone Dies Without a Will

Dying intestate means passing away without a valid legal will. When that happens, a state probate court applies state intestate succession laws to decide how the deceased’s assets are distributed. This can lead to outcomes that differ from what the decedent might have wanted, so creating and keeping a will up to date is important.

Key takeaways

• Intestate = no valid will; a probate court directs distribution.
• Priority is typically given to the surviving spouse and close relatives (children, parents, siblings).
• Rules vary by state; community property and common-law states handle shares differently.
• Jointly owned property with rights of survivorship bypasses probate and goes to the survivor.
• Wills and trusts help ensure assets go to chosen beneficiaries and can reduce probate complications.

How intestate succession works

When someone dies without a valid will, the probate court appoints an administrator to:
* identify and inventory assets,
* pay debts and taxes,
* locate legal heirs,
* distribute the remaining assets according to state law.

The order in which relatives inherit—intestate succession—differs by state but commonly begins with the surviving spouse and children. If there are no surviving relatives, the estate may escheat (revert) to the state.

Community property vs. common-law states

State law affects how much a surviving spouse receives:

• Community property states: Spouses are considered joint owners of property acquired during marriage and typically receive at least half of the marital estate. Community property states include: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin (plus Guam and Puerto Rico).
• Common-law states: Distribution varies. A surviving spouse may receive less than half, more than half, or the entire estate, depending on whether the decedent left children or other descendants.

Joint ownership and non-relative beneficiaries

Close friends are generally not entitled to inherit under intestate succession. However, assets owned jointly with rights of survivorship (e.g., joint bank accounts, joint-tenancy property) pass automatically to the surviving co-owner and are not controlled by intestate rules.

Avoiding intestacy: wills, trusts, and costs

• Wills (testamentary wills or last wills and testaments) let you name beneficiaries and an executor to carry out your wishes. A testamentary will takes effect at death and is subject to probate.
• Trusts (including revocable living trusts) can help bypass probate, allowing heirs to receive assets more quickly and privately. Many people use a “pour-over” will to catch assets not transferred into a trust.
• Cost to create a will: do‑it‑yourself kits can be inexpensive (often around $10); hiring an attorney typically ranges from modest fees for simple wills (~$150) to $1,000+ for complex estates. Consulting an attorney is advisable when assets, family situations, or state rules are complicated.

Bottom line

Dying without a will transfers the responsibility for distributing your estate to a probate court and subjects your assets to state intestate succession rules. These rules prioritize family members and may not reflect your wishes. Preparing and updating a will — and considering trusts where appropriate — helps ensure your assets go to the people or organizations you choose and can simplify the estate process for your heirs. Consult an estate attorney to align your plan with state law and your personal circumstances.