What Is Intestate Succession?
In plain English
Intestate succession refers to the state laws that govern how a person's assets are distributed when they die without a valid will (dying 'intestate'). Each state has its own intestacy statutes that establish a hierarchy of heirs — typically starting with the surviving spouse and children, then extending to parents, siblings, and more distant relatives. These laws apply regardless of what the deceased may have verbally expressed.
How Does the Intestate Hierarchy Work?
Most states follow a similar hierarchy: surviving spouse receives a share (ranging from one-third to the entire estate depending on the state and whether there are children); children share the remainder equally; if no spouse or children, assets go to parents, then siblings, then nieces and nephews, and so on through extended family. Unmarried partners, close friends, stepchildren, and charities receive nothing under intestacy laws — only legal relatives inherit. If no living relatives can be found, the estate escheats (goes to the state).
What Problems Does Intestacy Create?
Dying without a will creates numerous problems: no say in who receives your assets; the court appoints an administrator (who may not be your choice) to manage the estate; no guardianship designation for minor children — the court decides; assets may go to estranged relatives rather than close friends or chosen family; the entire estate goes through probate (public, expensive, and time-consuming); and no opportunity for tax-efficient planning or charitable giving.
How Can You Avoid Intestacy?
The most direct solution is creating a valid will. But probate avoidance tools work even better: a living trust distributes assets privately without court involvement; beneficiary designations on financial accounts transfer assets directly to named recipients; joint tenancy and TOD/POD registrations bypass intestacy entirely. A comprehensive estate plan uses multiple strategies to ensure your wishes are followed.
Frequently asked questions
Does a surviving spouse automatically get everything?
Not necessarily. In many states, the surviving spouse shares the estate with children. For example, a spouse might receive one-half while children split the other half. The exact split varies significantly by state. Creating a will ensures your spouse receives what you intend.
Do unmarried partners inherit under intestacy?
In most states, no. Unmarried partners — regardless of how long they've been together — have no inheritance rights under intestacy laws. This makes estate planning especially critical for unmarried couples who want to provide for each other.
Keep exploring
Related terms
Will
A will is a legal document that specifies how your assets should be distributed and who should care for your dependents after your death.
Probate
Probate is the court-supervised legal process of validating a will, settling debts, and distributing a deceased person's assets to beneficiaries.
Executor
An executor is the person named in a will to manage the estate after death, including paying debts, filing taxes, and distributing assets to beneficiaries.
Beneficiary
A beneficiary is a person or entity designated to receive assets from a financial account, insurance policy, or estate upon the account holder's death. Keeping beneficiary designations current is one of the most important — and most overlooked — financial tasks.
Estate Planning Checklist
An estate planning checklist is a comprehensive guide to the essential documents, designations, and decisions needed to protect your assets and family.