PLAIN-LANGUAGE GUIDE

What happens if someone dies without a will?

When a person dies without a valid will, state intestacy law generally determines who inherits probate assets.

In brief

When a person dies without a valid will, state intestacy law generally determines who inherits probate assets.

What to do next

  • Identify the decedent’s legal residence
  • Document surviving spouses, descendants and other relatives
  • Distinguish probate and nonprobate assets
  • Check the state’s current intestacy statute
  • Seek advice if family relationships or ownership are disputed

Questions worth asking

Who has legal authority? Which assets are involved? Which state’s law applies? Are there court deadlines, tax issues, or disagreements that require professional advice?

Where to go from here

Use the state directory to locate the relevant jurisdiction and verify current requirements with official courts or government agencies. The free tools can help organize information before a professional appointment.