Summary: Dying without a will (intestate) does not mean the state takes your property; it means the state's <strong>intestacy formula</strong> decides who gets it. Typical patterns: surviving spouse shares with children (often spouse gets a fixed amount plus half, children split the rest), or takes all if no children or parents survive. Unmarried partners inherit <strong>nothing</strong> under intestacy in most states. The court picks the executor and, critically, the <strong>guardian for minor children</strong>. Intestacy usually costs more and takes longer than testate probate, because every default must be built from scratch.
Every state has a default inheritance ladder. The common pattern: if you die with a spouse and children, the spouse receives a fixed amount (often $50,000-$100,000) plus half the remainder, and the children split the rest. With a spouse and no children or parents, the spouse typically takes all. With children and no spouse, the children split equally. Then parents, then siblings, then progressively distant relatives.
The exact fractions vary by state, and community-property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) treat marital property differently from common-law states. But the structure is universal: spouse and blood relatives first, in a fixed order, with no room for your actual wishes.
Intestacy has no memory of your life. Unmarried partners inherit nothing, no matter how long the relationship. Stepchildren you raised but never adopted inherit nothing in most states. Friends, charities, and caregivers get nothing. Estranged relatives you would have excluded inherit by formula anyway.
These gaps are why intestacy is not 'the state decides fairly' but 'the state applies a one-size formula to your specific life.' A will exists to fill exactly these gaps.
The highest-stakes intestacy default: the court chooses the guardian for your minor children. Without your nomination in a will, relatives petition, the court investigates, and a judge who never met you decides. The process is slower, more expensive, and more contentious than honoring a parent's written nomination, which courts follow absent strong cause.
If you have minor children and no will, this alone justifies writing one this week. Everything else in estate planning is money; this is your children.
Without your nomination, the court appoints an administrator (same job as executor, different title) following a statutory priority list: spouse first, then children, then parents, then others. The administrator usually must post a bond (an insurance cost to the estate) that a will could have waived, and may face more court supervision than an executor under a will.
Family fights over who serves as administrator are among the most common intestacy litigation: the appointment itself becomes a contest before the estate work even begins.
Intestacy adds cost at every step: bond premiums, heir-location costs when relatives must be found and notified, guardianship proceedings for minor children's shares (courts often require blocked accounts or guardianships for inheritances to minors), and litigation over the appointment and the formula's application to blended families.
A simple will typically costs $300 to $1,000 with an attorney (less with quality software for simple estates). The intestacy premium over testate probate routinely exceeds that by 10x. It is the worst value proposition in personal finance.
A valid will needs: your signature, two disinterested witnesses (requirements vary slightly by state), and clear dispositions: who gets what, who serves as executor, who raises the children. Name backups for every role. Store the original where the executor can find it and tell them where it is.
Then do the 30-minute companion work: beneficiary designations current, TOD/POD forms filed, and assets you want out of probate titled accordingly. The will handles what remains; the designations handle the rest. Total time: an afternoon. Total saving versus intestacy: five figures and your children's guardianship.
The state's intestacy formula distributes your property to your spouse and relatives in a fixed order. The court appoints an administrator and chooses guardians for minor children. It costs more and takes longer than probate with a will.
Only in the rare case where no relatives can be found (escheat). Normally the intestacy formula distributes everything to relatives; the state's role is administering, not inheriting.
No, in most states. Unmarried partners inherit nothing under intestacy regardless of relationship length. A will or beneficiary designations are the only fix.
The court chooses the guardian after petitions and investigation. A will's guardian nomination is followed absent strong cause, which is why parents of minors should never skip this.
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Data current as of October 2026. Sources: state intestacy statutes (UPC-based and community-property variants). Legal information only, not legal advice.