Laws of intestacy are state laws that determine who inherits a person’s property when they die without a valid will. Each state has its own intestacy laws, and probate courts are required to follow them when distributing an estate. When someone dies intestate, meaning without a will, their personal wishes no longer control who receives their assets. Instead, state law establishes an order of inheritance that usually gives priority to spouses, children, parents, and other close relatives.
Because intestate succession is automatic and supervised by the probate court, understanding these laws is an important part of estate planning. Probate judges must apply the law as written, even if family members believe the outcome does not reflect what the deceased person would have wanted.
Every state has its own laws of intestacy as part of its probate laws. Although the rules are similar across the country, the details vary from state to state. In general, these laws determine who inherits when there is no will and in what order relatives inherit.
If no qualifying relatives exist, the estate may pass to the state through a process called escheatment. Because the rules vary, it is important to review the laws of the state where the deceased lived.
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When a person dies without a will, the probate court appoints an administrator. The administrator performs duties similar to an executor but distributes assets according to state law instead of following written instructions in a will.
The court oversees the process to ensure the estate is handled fairly and according to the law.
Intestate succession is the legal order in which relatives inherit without a will. Although the exact rules vary by state, the typical order is spouse, children, parents, siblings, and then more distant relatives.
Courts follow this order strictly. Verbal promises or assumed intentions generally do not override state law.
Blended families often face the most complicated results under intestacy laws. Stepchildren who were never legally adopted may not inherit, while biological children from prior relationships may inherit alongside a surviving spouse.
Because courts must follow state law, the outcome may differ from what the deceased would have wanted. This is one reason estate planning professionals encourage people to create a valid will.
If no lawful heirs can be found, the estate may pass to the state through a process called escheatment. This occurs only after the court confirms that no qualifying relatives exist.
In most states, friends, charities, and unmarried partners do not inherit under intestacy laws unless they are named in a valid estate plan.
Probate courts play a central role in intestate estates. They appoint administrators, confirm heirs, review assets, supervise creditor notices, and approve final distributions.
Most probate matters are handled by state courts. These courts make sure estates are administered properly and that assets are distributed according to state law.
Related Article: Intestacy and Probate
Under most intestacy laws, grandchildren inherit only if their parent—the deceased person’s child—has already died. If the child survives, grandchildren usually do not inherit directly.
This rule surprises many families and highlights the importance of understanding how state inheritance laws work.
Before assuming intestacy applies, families should conduct a thorough search for a will.
The U.S. Will Registry helps families locate where a loved one’s will was stored or identify the attorney who prepared it. If no will is found after a reasonable search, probate will proceed under intestacy law.
Laws of intestacy provide a default system. They are not tailored to individual wishes. A last will and testamanet allows the will holder to:
Without a will, the state determines who inherits. Estate planning gives individuals greater control over their wishes.
Laws of intestacy provide a structured system for distributing property when no will exists. They create order and predictability, but they cannot reflect personal wishes, informal promises, or unique family situations.
By creating a valid will, individuals can decide who inherits their property, reduce confusion, and provide clarity for loved ones. Estate planning is not only about transferring assets—it is about protecting the people and values that matter most.
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A person is considered deceased intestate when they die without leaving a valid will. In this situation, state laws of intestacy determine who inherits the estate. Probate courts follow these laws to distribute assets to surviving relatives, usually beginning with spouses and children. The exact rules vary by state, making it important to understand local probate laws.
If someone dies without a will and no relatives can be found, the laws of intestacy require the estate to pass to the state. This process is called escheat. The state holds or uses the assets, rather than leaving them unclaimed. Creating a will ensures your property goes where you choose.
After a death without a will, the probate court oversees the estate and appoints an administrator to manage it. The administrator gathers assets, pays debts, and distributes the remaining property according to state intestacy laws. Because every state has different inheritance rules, the outcome may differ significantly from what the deceased would have wanted.
To define intestate means to describe the legal situation in which a person dies without a valid will. When someone dies intestate, state inheritance laws decide who receives their property. Probate courts supervise the estate administration process and ensure assets are distributed according to the law. Because laws vary by state, inheritance rights and procedures can differ significantly.
This article was prepared by estate planning researchers and reviewed by S. Miller and staff. With more than 25 years of experience in estate planning documentation and probate processes, our editorial oversight ensures clarity and accuracy. This content is provided for informational purposes only and does not constitute legal advice.
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