What Actually Happens When There Is No Will: State by State

When someone dies without a will — a condition known as dying 'intestate' — the state determines who inherits their estate. The rules vary dramatically by state, and the outcomes often surprise families who assumed they understood how inheritance works.

In most states, if you die married with children, your spouse and children share the estate. But the split is not always what families expect. In some states, the spouse receives the first $100,000 plus half the remainder, with the other half going to children. In others, children receive nothing if the spouse survives.

Community property states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin — treat assets acquired during marriage differently. In these states, each spouse already owns half of community property, so only the decedent's half passes through the estate.

Unmarried partners receive nothing under intestate succession in most states, regardless of the length or nature of the relationship. This is one of the most common and devastating outcomes documented on this platform.

Blended families face particular complexity. Stepchildren have no inheritance rights under intestate succession unless they were legally adopted. A stepparent who dies without a will leaves nothing to stepchildren, even if they raised them for decades.

The practical consequence of dying intestate is that the probate court — not you — decides who gets your estate. The court follows the statutory formula, regardless of your actual wishes, your relationships, or your family's circumstances.