The State Writes Your Will
Every state has intestacy laws — default inheritance rules that kick in when there's no will or trust. A probate court applies them to everything you own that isn't covered by a beneficiary designation.
Here's what most people don't realize: accounts with named beneficiaries bypass intestacy entirely. Your 401(k), IRA, life insurance, and payable-on-death bank accounts go straight to whoever you named — no court involved. Intestacy only governs what's left: your house, your car, your stuff, and any accounts without beneficiaries.
Who Gets What: The Typical Pattern
The exact splits vary by state, but the general pattern looks like this:
| Your Situation | Who Typically Inherits |
|---|---|
| Married, no children | Spouse gets most or all |
| Married with children | Split between spouse and children (ratios vary widely by state) |
| Single with children | Children split everything equally |
| Single, no children | Parents, then siblings, then extended family |
| No living relatives | The state (called "escheat") |
The spouse-with-children row is where surprises live. In some states the spouse gets half and the kids split half. In others, the spouse gets a fixed dollar amount plus a fraction. In community-property states, the spouse may already own half of everything acquired during the marriage — and intestacy only divides the other half. [verify: confirm your state's exact split with an estate attorney]
The Three Things Intestacy Gets Wrong
1. Your unmarried partner gets nothing.
No matter how long you've been together, an unmarried partner is a legal stranger under intestacy law in nearly every state. They inherit zero.
2. The court picks your kids' guardian.
If both parents die, a judge — not your family, not your wishes — decides who raises your minor children. Anyone can petition. The judge picks who seems best, but "seems best" to a stranger in a robe may not be your sister.
3. It takes longer and costs more.
Probate with a will is already slow. Probate without one is slower: the court must identify and notify heirs, appoint an administrator, and supervise everything. Attorney fees and court costs eat a bigger slice of a smaller pie.
The Timeline: What Happens After
| Timeframe | What Happens |
|---|---|
| Days 1–30 | Family locates assets; court petition filed to open probate |
| Months 1–3 | Court appoints an administrator; creditors are notified |
| Months 3–9 | Debts and taxes are paid from the estate; assets are inventoried |
| Months 6–18 | Remaining assets distributed to heirs per state formula |
Simple estates can wrap up in under a year. Contested or complex ones drag on for years.
The Five-Minute Fix
A basic will doesn't have to be expensive or complicated. What it should do:
- Name an executor — the person who handles everything.
- Name a guardian — who raises your kids.
- Name your heirs — who gets what, in what proportions.
- Name beneficiaries on every retirement account, life insurance policy, and bank account — this alone bypasses probate for most of your money.
Online will services handle the basics affordably; complex estates (blended families, businesses, special-needs children) deserve an estate attorney.
Frequently Asked Questions
Does the state keep my money if I die without a will?
Only if you have no living relatives at all — then it "escheats" to the state. With any living heirs, the money goes to them.
Does my spouse automatically get everything?
Not necessarily. In many states, assets are split between the surviving spouse and children. The exact formula depends on your state.
What happens to my kids if I die without a will?
A court appoints a guardian. If you have a will naming a guardian, the court almost always honors it — which is the single best reason parents need wills.
Do beneficiary designations override intestacy?
Yes. A named beneficiary on a 401(k), IRA, life insurance policy, or payable-on-death account receives those assets directly, regardless of intestacy rules.
Is a handwritten will valid?
It depends on the state — some recognize holographic (handwritten) wills, others don't, and even where valid they're easily challenged. A properly witnessed will is far safer. [verify: your state's holographic will rules]
Disclaimer: This article is for general information only, not legal or financial advice. Intestacy laws vary by state — consult an estate attorney for your situation.
Tool tie-in: An estate-planning checklist tool would fit here — a step-by-step "do you have these five documents?" audit for readers.