What Happens When Someone Dies Without a Will (2026)

About 67% of American adults have no will.¹ When someone dies in that majority, they die "intestate" — and every state has a statutory inheritance scheme, called intestate succession, that fills the gap. The state's rules apply whether or not they reflect what the person actually wanted.

For families, this creates two common surprises: some people who expected to inherit nothing receive assets, and some people who expected to inherit something — particularly unmarried partners and stepchildren — receive nothing at all. Understanding how your state's intestate laws work is the first step to knowing where you stand.

The critical first distinction: which assets does intestate law affect?

Intestate succession only governs probate assets — property that was solely in the deceased person's name with no beneficiary designation or right-of-survivorship title. A large and important category of assets passes entirely outside the will (or lack thereof) through beneficiary designations and account titling.

In a typical estate, these non-probate assets may constitute the majority of the wealth. The $800,000 IRA, the life insurance policy, and the jointly-held house all transfer cleanly — only what's left in the deceased's sole name as probate property is distributed by intestate law.

Who inherits under intestate succession: the standard priority order

While exact rules vary by state, all 50 states follow the same general priority hierarchy. Closer relatives inherit before more distant ones. If there's no surviving member of one tier, the next tier takes.

1. Surviving spouse

The surviving spouse is almost always first in line — but how much they receive depends heavily on whether children (or other descendants) also survive. Three common patterns:

• Spouse only, no children or parents: In most states, the spouse inherits everything.
• Spouse and children who are also the spouse's children: The spouse typically inherits everything in UPC states (see below) or a large share (e.g., first $300,000 + 50%) in many others.
• Spouse and children from a prior relationship: This is where families are most often surprised. Many states protect the children's share — the spouse may receive only 50% of the estate, leaving the other 50% to be split among children from a prior relationship.
• Spouse and parents (no children): Some states give the spouse 100%; others give parents a portion.

2. Children and descendants

If there's no surviving spouse, children share the estate equally. If a child predeceased the parent, that child's share typically drops to their own children (the grandchildren of the deceased) — this is called per stirpes distribution.

3. Parents

If there's no surviving spouse or children, the deceased's parents inherit equally (or the surviving parent inherits everything if only one is alive).

4. Siblings

If no parents survive, siblings share the estate. Half-siblings typically receive equal shares with full siblings in most states. If a sibling predeceased the decedent, that sibling's children (nieces and nephews of the deceased) may inherit by representation.

5. Extended family

Grandparents, aunts, uncles, and cousins follow in priority if none of the closer relatives survive. In most states, if no relatives within a certain degree of kinship can be found, the estate "escheats" — passes to the state government.

Who gets nothing under intestate law (and why this matters)

This is the most important reason to encourage any living person you care about to establish a will and update beneficiary designations on retirement accounts and insurance policies. Intestate law reflects a statistical average of what people want, not the individual's actual wishes.

The Uniform Probate Code (UPC) states

About 18 states have adopted the Uniform Probate Code (UPC), which was designed to modernize and standardize intestate succession rules.² UPC states generally:

• Favor the surviving spouse more than older statutes — a spouse who is also the parent of all descendants often inherits everything.
• Define "descendants" broadly to reduce disputes.
• Use a 120-hour survival requirement (a beneficiary must survive the decedent by 120 hours to inherit).

UPC states include: Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Massachusetts, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, South Carolina, South Dakota, and Utah. If you're in a non-UPC state, your state's specific intestacy statutes control — and they may give meaningfully different results than the UPC.

What happens procedurally: the administrator

When there's a will, the deceased names an executor to manage the estate. Without a will, the probate court appoints an administrator (also called a personal representative) who performs the same function: gathering assets, paying debts and taxes, and distributing what's left to the intestate heirs.

Priority for who gets appointed administrator typically follows the intestate order — the surviving spouse has first priority, then adult children, then parents, then siblings. If no family member petitions the court, the court may appoint a professional administrator (often a bank trust department or public administrator), which adds cost and delay.

If you're a likely heir and no one has initiated probate, you can petition the court yourself to be appointed administrator. This gives you control over the timeline and administrative decisions.

Tax rules still apply: what doesn't change

Dying intestate doesn't change any of the tax rules that govern how inherited assets are treated. The same rules that apply to willed assets apply here:

• Step-up in basis (IRC §1014): Inherited stocks, real estate, and other appreciated assets receive a basis reset to date-of-death fair market value. If you sell inherited property shortly after death, you pay capital gains only on appreciation since the date of death — not since original purchase. See Step-Up Basis: Complete Guide.
• Inherited IRA rules: If you're named on the beneficiary form, the 10-year rule applies to you exactly as if the account had been left by will. T.D. 10001 annual RMD requirements apply if the deceased passed their Required Beginning Date. See Inherited IRA 10-Year Rule Guide.
• Estate tax: The estate itself may owe federal estate tax if the gross estate exceeds $15 million (2026, per OBBBA), regardless of whether there's a will. See Is Inherited Money Taxable?
• State inheritance tax: Five states (Kentucky, Maryland, Nebraska, New Jersey, Pennsylvania) impose inheritance tax on beneficiaries. Your tax rate depends on your relationship to the deceased and the state of residence — not on whether there was a will. See Inheritance Tax by State.

What to do if you think there should have been a will

If the deceased was organized and financially sophisticated, they may have had a will that hasn't been located. Before accepting that someone died intestate:

1. Check safe deposit boxes. Many people store wills there. You'll need to petition the probate court for access if you're not already on the account.
2. Contact attorneys who handled prior legal matters. Estate attorneys often retain copies of wills they drafted.
3. Check with the probate court. Some states have will registries where people can formally file a will during their lifetime. Several states (Ohio, Michigan, others) allow this.
4. Look for online estate planning accounts. Services like Trust & Will, Willmaker, and LegalZoom allow wills to be stored digitally. Check email for confirmation receipts from these services.
5. Search the home thoroughly. People keep wills in home safes, filing cabinets, and sometimes in plain sight in desk drawers.

If a will is discovered after intestate distribution has begun, the situation becomes legally complex — consult a probate attorney immediately.

What to do if you're an intestate heir

Once you've confirmed someone died without a will and that you're likely an heir under your state's intestate rules:

1. Determine whether probate is necessary. If all assets were held jointly, in beneficiary accounts, or in trust, there may be nothing to probate. Check with the financial institutions holding each account. See How Probate Works.
2. File for appointment as administrator if you're the closest heir and no one has petitioned the court — this lets you manage and control the distribution timeline.
3. Collect beneficiary-designated assets separately. File claims with life insurance companies, contact IRA custodians, and update account titles on TOD/POD accounts — these don't go through probate.
4. Watch the 9-month disclaimer deadline. Under IRC §2518, you have exactly 9 months from the date of death to disclaim an inheritance. If you want to redirect the inheritance to the next heir in line (for tax or personal reasons), you must act within this window. See How to Disclaim an Inheritance.
5. Coordinate with siblings or co-heirs. Intestate inheritance often means several relatives share one estate — including a house no one necessarily wants. See How to Split an Inheritance With Siblings.
6. Get a date-of-death appraisal for real estate. Step-up basis applies to inherited property, but you need documentation of date-of-death fair market value to support the basis claim if you sell. An estate appraiser can provide this retroactively, but sooner is better.
7. Understand what you're getting before making decisions. Intestate estates can include unexpected liabilities — mortgages, debts, tax obligations. A financial advisor who specializes in inheritance can help you see the full picture before you accept or distribute assets. See Inheriting Debt: What You're Actually Responsible For.

The financial planning after intestate inheritance

Inheriting from someone who died without a will creates the same financial planning questions as any inheritance — plus the added complexity of having received assets you may not have been expecting in the amounts you received.

Common scenarios that benefit from professional guidance:

• Blended family disputes: When a spouse and children from a prior relationship both have claims, the administrator's decisions (which assets to value as part of the estate, how to handle debts) directly affect what each party receives. Disputes here can escalate to litigation.
• An unmarried partner who provided years of care: If you're the surviving partner with no inheritance rights under intestate law, there are potential claims — unjust enrichment, domestic partnership, common-law marriage — that an attorney might be able to assert. This is a legal question, but the financial planning for what you do receive (e.g., if you're on a joint account) still matters.
• A large inherited IRA you weren't expecting: The 10-year rule distribution strategy is the same whether the IRA beneficiary designation was intentional or a forgotten default. A specialist can model the optimal distribution pattern given your income trajectory. Use our Inherited IRA Drawdown Optimizer for a starting point.

Get matched with an inheritance specialist

Whether you expected this inheritance or not, the financial decisions — IRA distributions, step-up basis, estate taxes, real estate — are the same as any other inheritance. Get matched with a fee-only advisor who focuses on exactly these situations.