Intestate means dying without a valid will [1]. When someone dies intestate, their state's intestacy laws determine who inherits their assets, rather than the deceased person's own wishes.
How Intestate Succession Works
Every state has a statutory priority list that determines who inherits when there's no will [1]. The typical order is: surviving spouse, then children, then parents, then siblings, then more distant relatives.
The specific rules vary by state. In community property states like Washington, the surviving spouse may receive all community property but only a portion of separate property. In other states, the split between spouse and children follows a different formula.
If no living relatives can be found, the estate goes to the state (called "escheat").
Why This Matters
Intestacy laws follow a rigid formula. They don't account for your actual relationships, your preferences, or your intentions. A few scenarios where intestacy can create problems:
If you're in a long-term relationship but not legally married, your partner inherits nothing under most state intestacy laws. If you want to leave assets to a friend, charity, or stepchild, intestacy laws won't do that. If you have minor children, the court, not you, decides who manages their inheritance.
How to Avoid It
Make a will [2]. Even a simple one ensures your assets go where you intend and your wishes guide the process. For parents, a will also allows you to nominate a guardian for minor children, which intestacy laws cannot do [3].
Related Terms
Executor: The person you name in your will to carry out your wishes. Probate: The court process that handles your estate, whether you have a will or not.
See also: The Cost of Estate Planning to see how affordable a basic will can be, and Will vs. Trust to understand your options.