Public Guide
Intestacy: When Someone Dies Without a Will
General information about intestate succession, probate property, spouses, descendants, nonprobate transfers, administration, and state law.
When a person dies without a valid will, state intestacy law identifies heirs for probate property. The result varies by state and family structure.
Intestacy commonly considers a surviving spouse, descendants, parents, siblings, and more remote relatives in a statutory order. Adoption, parentage, stepchildren, half-relatives, posthumous children, survivorship periods, disclaimers, and prior gifts can affect the result.
Not every asset passes through intestacy. Beneficiary designations, survivorship ownership, trust property, transfer-on-death arrangements, and other nonprobate mechanisms can control separate assets. Debts, expenses, taxes, elective-share rights, and family allowances may be addressed before distribution.
A probate court appoints a personal representative under state priority rules. The representative's authority, bond, notice, inventory, creditor, accounting, and distribution duties come from state law and court orders.
This page provides general information and does not identify heirs, classify property, interpret a beneficiary designation, or recommend an estate filing.