Intestate Succession Rules: Who Inherits When There's No Will

What "Dying Intestate" Actually Means

When someone dies without a valid will, they die "intestate." It doesn't mean the government takes everything — it means state law decides who gets what, using a fixed formula that ignores the deceased's verbal wishes, relationships, or intentions.

About 67% of Americans don't have a will. When these individuals die, their assets are distributed according to their state's intestacy statute — a rigid priority hierarchy that hasn't changed much in decades.

The General Order of Priority

Every state follows the same broad pattern, though the exact percentages and thresholds vary:

Surviving spouse. In most states, the surviving spouse receives the first priority — either the entire estate or a significant portion of it. The exact share depends on whether the deceased also had children.

Children. If there's no surviving spouse, children inherit everything equally. If there's a surviving spouse and children, the estate is typically split between them — the spouse might receive the first $100,000 to $250,000 plus half the remainder, with the other half divided equally among the children.

Parents. If there's no spouse and no children, the deceased's parents inherit. In most states, both parents share equally. If only one parent survives, that parent takes the full share.

Siblings. If there are no surviving parents, the estate passes to the deceased's brothers and sisters. Half-siblings generally inherit equally with full siblings under most state statutes.

Extended relatives. If there are no siblings, the estate moves to more distant relatives — grandparents, aunts, uncles, cousins — following a degree-of-kinship calculation that varies by state.

Escheat to the state. Only when absolutely no qualifying relative can be found does the estate pass to the state government. This is rare — most states search several degrees of kinship before declaring an estate without heirs.

Where It Gets Complicated

Community property states. In the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), assets acquired during the marriage are owned equally by both spouses. The deceased's half of community property is distributed under intestacy law; the surviving spouse already owns their half.

Blended families. Intestacy laws don't distinguish between "our kids" and "their kids." Children from a prior marriage have the same inheritance rights as children from the current marriage. A surviving spouse may receive less than expected because the deceased's children from a previous relationship claim their statutory share.

Unmarried partners. A partner who is not a legally recognized spouse generally does not inherit solely because of the relationship. Joint ownership and beneficiary designations can transfer assets outside intestacy, and state law may recognize some relationships as marriage.

Stepchildren. Stepchildren generally are not treated as legal children for intestacy unless legally adopted, though state law can recognize limited exceptions. Check the applicable state's rules before concluding they cannot inherit.

Half-siblings and adopted children. Adopted children are treated the same as biological children in every state. Half-siblings generally inherit equally with full siblings, though a few states apply different rules.

How It Works in Other Countries

Canada. Each province has its own intestacy statute. Ontario's Succession Law Reform Act gives the first $350,000 to the surviving spouse, with the remainder split between the spouse and children. Quebec's Civil Code uses a different framework entirely.

UK. England and Wales give the surviving spouse the first £322,000 plus personal chattels, with the remainder split 50/50 between the spouse and children. Scotland has its own "prior rights" system.

Australia. Each state and territory has its own Administration and Probate Act. Generally, the surviving spouse receives the entire estate if there are no children from another relationship.

Why This Matters for Executors

If you're administering an intestate estate, the court appoints you as "administrator" rather than "executor," and issues "letters of administration" instead of "letters testamentary." Your duties are identical — the only difference is that you follow the state's intestacy formula instead of the instructions in a will.

The Executor's Complete Handbook covers both testate and intestate administration, with flowcharts for common intestacy scenarios and the documentation required to prove heirship when distributing assets without a will.