What happens to an estate when there is no will
State law supplies a distribution when a person has not written one, and it rarely matches what the person would have chosen.
Where there is no valid will, each state's intestacy statute decides who inherits, in a fixed order that generally runs through spouse, children, parents and more distant relatives. The statute makes no allowance for intentions nobody wrote down.
Some assets pass outside a will entirely. Retirement accounts, life insurance and accounts with a named beneficiary go to that named person regardless of what any will says, which is why reviewing beneficiary designations after a marriage, divorce or death matters as much as the will itself.
Property held jointly with a right of survivorship also passes directly to the surviving owner. How a deed is worded therefore decides more than most people realise.
A simple will, a durable power of attorney and a healthcare directive together cover most ordinary situations. Many states publish statutory forms, and legal aid clinics frequently run sessions specifically on these documents.
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