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No will
There was no will
60% of Americans die without a will. When that happens, state law decides everything — who gets what, who is in charge, and how long it takes. Here is what that actually means for your family.
What intestacy means
When there is no will, the state has one for you
Every state has intestacy laws that determine exactly who inherits and in what order when someone dies without a will. These laws do not consider relationships, caregiving contributions, or anything your loved one may have said they wanted.
Typical order of inheritance
1st
Spouse and children
How they split depends on your state and whether children are from the current or a prior relationship.
2nd
Parents
If no spouse or children survive.
3rd
Siblings
If no spouse, children, or parents survive.
4th
Grandparents, then aunts/uncles, then cousins
State law varies on how far the line extends.
Last
The state (escheat)
Only if no relatives can be found after an exhaustive search.
Common myths
What people get wrong about dying without a will
MYTH
Everything goes to my spouse automatically
FACT
In many states, children from a prior relationship share in the estate even if you're married. Intestacy laws vary enormously.
MYTH
The state takes everything
FACT
The state only takes assets (called escheat) if there are truly no living relatives at all — which is extremely rare.
MYTH
My wishes are known, so it'll be fine
FACT
Verbal wishes have zero legal standing. A neighbor who heard your father say he wanted you to have the house cannot testify to override intestacy law.
MYTH
We can just agree among ourselves
FACT
You can agree — but you still typically need probate court to legally transfer title to real estate and financial accounts.
Free resource
Start with the checklist
Download the free Family Estate Readiness Checklist — 47 things to do, say, find, and decide. Works whether you're planning ahead or starting too late.
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