Intestate Succession
Dying without a valid will. State intestacy statutes then distribute the probate estate to relatives in a fixed order — typically spouse and children first, then parents and siblings — and a court chooses guardians for minor children. Unmarried partners and stepchildren inherit nothing.
What it means
Intestate succession is the state's default estate plan. Each state ranks heirs by relationship; the surviving spouse's share often depends on whether the decedent left children from another relationship. Assets with beneficiary designations, survivorship titling, or trust ownership bypass intestacy. Property escheats to the state only when no legal heir can be located.
Primary sources
Read more
- Dying Without a Will: Who Gets What in Your State (2026) — Die without a will and state intestacy law picks your heirs, a judge picks your kids' guardian, and unmarried partners get nothing. See exactly who inherits.
- Is an Online Will Legal? State Rules That Decide (2026) — Online wills are legal in all 50 states when signed and witnessed correctly. See the exact execution rules that make or break validity, state by state.