Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.
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.
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.
Spouse and children
How they split depends on your state and whether children are from the current or a prior relationship.
Parents
If no spouse or children survive.
Siblings
If no spouse, children, or parents survive.
Grandparents, then aunts/uncles, then cousins
State law varies on how far the line extends.
The state (escheat)
Only if no relatives can be found after an exhaustive search.
What people get wrong about dying without a will
Everything goes to my spouse automatically
In many states, children from a prior relationship share in the estate even if you're married. Intestacy laws vary enormously.
The state takes everything
The state only takes assets (called escheat) if there are truly no living relatives at all — which is extremely rare.
My wishes are known, so it'll be fine
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.
We can just agree among ourselves
You can agree — but you still typically need probate court to legally transfer title to real estate and financial accounts.
Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.
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