Last updated: December 2025

When someone dies without a valid will, they die intestate. That means state law—not your personal wishes—decides who inherits your assets and who is appointed to manage the process. Many people assume “my spouse will get everything,” but intestacy rules can produce results that surprise families, especially in blended-family situations.

Key takeaways

• Intestacy can create delays, cost, and conflict, even in “simple” estates.
• Unmarried partners often receive nothing by default.
• Guardianship decisions for minor children can become a court process.

What typically happens

In most states, the court appoints an administrator (similar to an executor) to gather assets, pay debts, and distribute what remains according to a statutory formula. If your assets aren’t set up to pass automatically (like by beneficiary designation), they may end up in probate and then be distributed by intestacy rules.

Why it matters for parents

A will is where parents typically nominate guardians for minor children. Without that nomination, the court chooses. Courts aim to do what’s best, but the process can be stressful and uncertain at a moment when children need stability.

The simplest way to prevent surprises

Even a basic plan—often including a will, healthcare documents, and powers of attorney—can remove a huge amount of uncertainty for your loved ones.

FAQ

Do beneficiary designations help? Yes, for accounts that transfer by beneficiary form. But anything left in your name without a beneficiary may still be affected by probate/intestacy.
Is a will enough? Often yes for simple situations, but it depends on your goals.