What Happens When Someone Dies Without a Will?

When someone dies without a will, the state decides who gets what. Every state has a set of rules called "intestacy laws" that dictate how assets are divided based on family relationships. The government doesn't seize the estate, that's a common myth, but the process is slower, more expensive, and less predictable than probate with a valid will.

What "Intestate" Means

Dying "intestate" simply means dying without a valid will. It doesn't mean the person didn't want to leave their assets to specific people. It means they didn't put those wishes into a legally enforceable document. About 67% of Americans don't have a will, according to a 2024 Caring.com survey, so this situation is far more common than most people realize.

When there's no will, the estate still goes through probate. But instead of following the deceased's written instructions, the court follows the state's intestacy statute to determine who inherits and how much they receive. These statutes are based on frameworks like the Uniform Probate Code.

The Inheritance Hierarchy

Every state's intestacy law follows roughly the same framework, though the exact percentages and details vary. Here's the general order of priority:

Surviving spouse: In most states, the surviving spouse receives a significant share, often the entire estate if the deceased had no children, or a portion (typically one-half to one-third) if there are children. Community property states like California, Texas, and Arizona have their own rules for how marital property is divided. The IRS provides guidance on estate and gift taxes that may apply to asset transfers.

Children: After the spouse's share (or the entire estate if there's no spouse), children inherit next. The estate is usually divided equally among all biological and legally adopted children. Stepchildren do not inherit under intestacy laws in any state unless they were formally adopted.

Parents: If the deceased had no surviving spouse or children, the estate passes to their parents.

Siblings: Next in line are brothers and sisters. If a sibling has already died, their share may pass to their children (the deceased's nieces and nephews).

Extended family: If no close relatives survive, the inheritance line extends outward, grandparents, aunts and uncles, cousins, and beyond. Each state specifies exactly how far the line extends.

If no relatives are found: In the rare event that no living relatives can be identified after a thorough search, the estate "escheats" to the state. The National Conference of State Legislatures tracks unclaimed property and escheat laws by state. This is extremely uncommon. Courts search broadly, sometimes for years, before declaring escheat.

How Intestate Probate Differs

Probate without a will follows the same basic steps as probate with one, but with a few key differences that tend to make it slower and more contentious:

• No named executor. Since there's no will to designate someone, the court appoints an "administrator." Usually a close family member, a surviving spouse or adult child, petitions for the role. If multiple people want the job, or if no one wants it, the court decides. This alone can add weeks or months.
• Heirship determination. The court must independently verify who qualifies as an heir under the state's intestacy statute. This involves tracking down and notifying potential heirs, which can be time-consuming, especially if the deceased was estranged from family members or had children from multiple relationships.
• Bond requirements. Courts are more likely to require the administrator to post a surety bond when there's no will, since the deceased didn't specifically select and vouch for this person. Bond premiums are another cost paid from the estate.
• More court oversight. Without a will's instructions to guide administration, the court may require more frequent check-ins, accountings, and approvals, all of which add time and legal fees.

Complications with Blended Families

Intestacy laws were written for traditional family structures, and they often produce results that surprise blended families. A few common scenarios:

• Unmarried partners: In most states, unmarried partners, even long-term domestic partners, receive nothing under intestacy. Only a few states recognize domestic partnerships for inheritance purposes.
• Stepchildren: Stepchildren are not considered legal heirs unless they were formally adopted. A stepparent who raised a child for 20 years but never adopted them leaves that child with no inheritance under intestacy.
• Children from prior relationships: When a person has children from multiple relationships, intestacy divides the estate equally among all biological and adopted children. This can create friction between the current spouse (who receives their statutory share) and children from earlier relationships.
• Half-siblings: Most states treat half-siblings the same as full siblings for inheritance purposes, but a few states draw distinctions. This matters when the estate passes to siblings.

State Variations

Intestacy rules differ significantly from state to state. In California, a surviving spouse inherits all community property but only one-third to one-half of separate property if there are children. In New York, a surviving spouse gets $50,000 plus half the remaining estate. In Texas, the split depends on whether property is community or separate. These variations can produce dramatically different results for the same family depending on where the deceased lived.

Can You Still Get an Inheritance Advance?

Yes. Inheritance advances work for both testate (with a will) and intestate (without a will) estates. The advance company verifies your legal standing as an heir under the state's intestacy statute, reviews the estate's assets, and advances a portion of your expected share. No monthly payments. Same non-recourse protection: if the estate falls short, you keep the money and owe nothing.

Intestate estates often take longer to settle, which makes the flat-fee structure of an inheritance advance especially attractive. Whether probate takes 12 months or 36 months, the cost to you doesn't change.

Don't Wait Longer Than You Have To

If you're waiting for probate to close and need access to your inheritance now, CSF can help. Call (800) 317-3769 or request a free quote.

Frequently Asked Questions

Who inherits if there is no will?

State intestacy laws determine inheritance order: surviving spouse first, then children, then parents, then siblings, then extended family. The exact percentages vary by state. In California, a surviving spouse receives all community property and one-third to one-half of separate property. In New York, the spouse gets $50,000 plus half the remaining estate.

Do stepchildren inherit without a will?

No. Stepchildren do not inherit under intestacy laws in any state unless they were formally adopted by the deceased. Even a stepchild raised by the deceased for decades has no legal inheritance right without adoption. Only biological and legally adopted children qualify as heirs under intestacy statutes.

What happens to a house when the owner dies without a will?

If the house was titled solely in the deceased's name, it goes through probate and is distributed according to state intestacy laws. If it was jointly owned with right of survivorship, it passes directly to the surviving owner without probate. The house may need to be sold if multiple heirs inherit it and cannot agree on what to do with it.

How long does intestate probate take?

Intestate probate typically takes 12 to 24 months, which is 2 to 4 months longer than probate with a valid will. The additional time comes from appointing an administrator (since no executor was named), verifying legal heirs under state law, and the higher likelihood of court-required surety bonds and additional oversight.

Does an unmarried partner inherit anything without a will?

In most states, no. Unmarried partners, even long-term domestic partners, receive nothing under intestacy laws. Only a few states recognize domestic partnerships for inheritance purposes. Without a will or trust specifically naming them, an unmarried partner has no legal right to any portion of the estate.

Can you get an inheritance advance on an intestate estate?

Yes. Inheritance advances work for both testate (with a will) and intestate (without a will) estates. The advance company verifies your legal standing as an heir under your state's intestacy statute and advances a portion of your expected share. The flat-fee structure is especially useful because intestate estates often take 12 to 24 months or longer.