What happens if you die without a will

Dying without a valid will is called dying "intestate." Rather than leaving distribution unresolved, every state has intestate succession laws that determine who inherits — but the result rarely matches what someone would have chosen for themselves.

A common general pattern

Most states prioritize a surviving spouse and children first, then parents, then siblings, if no closer relatives exist. The exact split — whether a spouse gets everything or shares with children — depends heavily on state law and family structure.

Unmarried partners are usually left out entirely

Intestate succession laws are built around legally recognized relationships. A long-term partner who was never legally married typically has no automatic inheritance right under intestate succession, regardless of the relationship's length.

Someone still has to manage the estate

Without a will naming an executor, a court appoints an administrator — often a close relative who petitions for the role — to handle the same estate-settling tasks an executor would.

Minor children need guardianship named somewhere

Perhaps the most consequential gap: without a will, a court decides who raises minor children if both parents have died, rather than the parents' own choice being on record.