What Happens If You Die Without a Will?

Every state has a statutory inheritance hierarchy that applies when someone dies without a will. The hierarchy typically goes: surviving spouse first, then children, then parents, then siblings, then more remote relatives. If no qualifying relatives exist, the estate "escheats" to the state.

The consequences of dying intestate:

• Your wishes don't matter. The person you wanted to inherit may not be your legal heir.
• Unmarried partners inherit nothing. Without a will or registered domestic partnership (in states recognizing it), an unmarried partner is a legal stranger to the estate — regardless of how long you were together.
• Stepchildren are excluded. Stepchildren you haven't legally adopted do not inherit under intestate law in any state.
• Close friends are excluded. No matter how close, friends have no intestate inheritance rights.
• Probate still happens — and is usually more expensive. Intestate estates require bond (usually), more court oversight, and heir research.
• Minor children's guardian is determined by the court without your input.

Importantly: dying without a will does not mean your estate skips probate. It just changes who receives the assets after probate.

Non-community property states

The spouse's share depends on whether there are children and whether those children are joint (both spouses') or from prior relationships. Typical UPC tiered structure:

• Spouse only (no children, no parents): 100%
• Spouse + parents (no children): $200,000 + 3/4 of remainder (UPC); or 100% in some states
• Spouse + joint children only: 100% (UPC) or 50-67% depending on state
• Spouse + decedent's prior-relationship children: $100,000 + 1/2 remainder (UPC)

Community property states (AZ, CA, ID, LA, NM, NV, TX, WA, WI)

The surviving spouse already owns half of all community property. Under intestate law, the decedent's half of community property typically passes entirely to the surviving spouse. Separate property follows different rules — often split between spouse and children.

New Mexico: the clearest community property example

Decedent's community property share → 100% to surviving spouse (regardless of children). Decedent's separate property → 100% to spouse if no children; 1/4 to spouse + 3/4 to children if children exist. This creates a strong incentive for couples to hold assets as community property (or to write a will providing for children's inheritance from separate assets). See our New Mexico probate guide →

A valid will gives you complete control over: who inherits (and in what shares), who serves as executor, who becomes guardian of your minor children, what happens to specific items of personal property, and whether your estate avoids the additional expense of intestate administration (bond, greater court oversight).

The cost of having an attorney draft a simple will: $300–$1,000. The cost of dying intestate with a $500,000 estate in California: $13,000+ in attorney fees, plus higher executor costs, plus the wrong people may inherit. A will is one of the highest-return-on-investment legal documents that exists.

Online wills and DIY options

Online will services (LegalZoom, Trust & Will, Willmaker, etc.) offer simple wills starting at $89–$199. For straightforward situations (married couple with children, clear wishes), these can work. For complex situations (blended families, significant assets, business interests, real estate in multiple states, special needs beneficiaries), an estate planning attorney is worth the investment. Find one through your state bar's lawyer referral service — most state bars are listed in each state guide →