What happens if you die without a will?

Who inherits, and who does not

Every state has a default succession formula, and it applies regardless of what you told anyone. The specifics vary, but the pattern is consistent: spouse and blood relatives first, in a fixed order, in fixed shares.

• A surviving spouse often shares with your children rather than receiving everything — which can force the sale of a home.
• An unmarried partner, however long the relationship, generally receives nothing.
• Stepchildren you raised but never legally adopted generally receive nothing.
• Close friends, caregivers, and charities receive nothing.
• An estranged relative you have not spoken to in decades may inherit.
• If no relatives can be found, the property eventually goes to the state.

Your children

This is the part that matters most and gets the least attention. If both parents die without naming a guardian, a judge decides who raises your children — someone who never met your family, choosing from whoever petitions the court.

Multiple relatives can petition at once, and that dispute plays out while the children wait, sometimes in temporary state care. Naming a guardian, with a backup, is the only way to keep that decision in your hands.

The age-18 problem

Under intestacy, whatever a child inherits is typically held by a court-supervised custodian and then handed over in full on their eighteenth birthday. Life insurance proceeds, home equity, and retirement accounts can add up to a life-changing sum delivered to a teenager with no conditions.

A trust solves this by releasing funds in stages at ages you choose, with a trustee managing the balance and paying for education, health, and support along the way. It can also protect that inheritance from a future divorce or from creditors.

Who administers the estate

Without a will you have named no executor, so the court appoints an administrator based on a statutory priority list — usually the closest relative willing to serve, whether or not that person is organized, trustworthy, or on speaking terms with everyone else.

The court will often require that administrator to post a probate bond, an additional expense the estate pays.

What still passes outside all of this

Assets with a valid beneficiary designation — retirement accounts, life insurance, payable-on-death accounts — pass directly to whoever is named, even with no will. That is a small mercy and a large risk: if the form is outdated, an ex-spouse can inherit while your current family goes through intestacy for everything else.

The minimum to fix it

• A will naming guardians for minor children and an executor you choose.
• A financial power of attorney and a medical power of attorney, so incapacity does not require a conservatorship.
• A healthcare directive putting your end-of-life wishes in writing.
• A HIPAA authorization, so your family can legally speak with your doctors.
• A funded revocable living trust, if you own a home or want to keep your family out of probate entirely.