What Is Intestate Succession?

Intestate succession is the legal process that kicks in when someone dies without a valid will or trust. Every state has its own laws that establish a pecking order for who inherits your assets.

The general order typically looks like this:

Who Doesn't Inherit Without a Will

This is where most people get blindsided. Intestate succession only covers blood relatives and legal spouses. That means:

• Unmarried partners — Even if you've lived together for 20 years, a long-term partner gets nothing without a will or beneficiary designation.
• Stepchildren — Unless legally adopted, stepchildren are typically excluded from intestate inheritance.
• Close friends — No matter how important they were in your life, friends are invisible to intestate law.
• Charities — Any charitable wishes you had die with you if they're not documented.
• Estranged relatives — Family members you deliberately wanted to exclude may still inherit under state law.

What Happens to Your Kids

If you have minor children and die without a will, a judge — not you — appoints their guardian. The court will try to act in the child's best interest, but that decision is made without any input from you.

Even if you have a strong preference for who should raise your children, that preference is invisible without a written document naming a guardian.

Minor children also cannot directly inherit assets under the law. If assets are left to a minor, the court typically requires a court-supervised conservatorship to manage those funds until the child turns 18 — and at 18, they receive everything at once with no restrictions.

Your Estate Still Goes Through Probate

Dying without a will doesn't help your family avoid probate — it makes it worse. Without clear instructions, the court has to:

• Appoint an administrator to manage your estate (instead of an executor you chose)
• Identify and notify all potential heirs
• Determine what assets you owned and their value
• Resolve any disputes between family members
• Distribute assets according to state formula — not your wishes

This process can take 12–24+ months and cost your family 3–8% of the gross estate value in legal and court fees.

Common Misconceptions

• "My spouse will get everything." Not necessarily. In many states, your spouse shares the estate with your children — even adult children from a prior relationship.
• "I don't have enough assets to need a will." Even a modest estate — a car, a bank account, a personal belongings — still goes through intestate succession and can create family conflict.
• "My family knows what I want." Verbal wishes have no legal weight. Courts follow documents, not conversations.
• "Beneficiary designations cover everything." Beneficiary designations on accounts and policies are powerful — but they don't cover your home, car, personal property, or business interests without additional planning.
• "I'll do it later." Estate planning gets delayed indefinitely. The consequences of dying without a plan fall on the people you love most.

Real-Life Example