If you die without a will, your state’s intestacy statute supplies a one‑size‑fits‑all inheritance plan. It’s a plan designed for administrative simplicity, not for your family’s actual needs. Understanding how intestate succession works—and where it usually surprises people—will help you replace the default with a state‑specific will (or a revocable living trust) that does what you intend.

The intestacy ladder in plain English

Exact formulas vary, but common patterns include:

• Married with children: The surviving spouse and children split the estate in proportions set by statute. In blended families, the spouse may receive a portion and the remainder goes to children from all relationships according to the state’s recipe.

• Married without children: The spouse may take a substantial share; parents or siblings often receive the rest.

• Unmarried: Parents first; then siblings; then nieces/nephews; then more distant kin.

• No kin: The estate can escheat to the state.

The law does not weigh closeness, caregiving, or the last five years of reality. It applies the formula.

What intestacy takes off the table

• Specific gifts: You cannot earmark keepsakes or meaningful amounts for particular people or causes.

• Charity: No charitable gifts occur unless relatives choose to donate after the fact.

• Guardianship nominations: Parents lose the chance to nominate guardians for minor children.

• Choice of fiduciaries: A judge appoints an administrator by statutory priority. You do not get to choose the person who will manage your debts, taxes, and distributions.

• Efficiency: Uncertainty invites disputes; disputes invite cost and delay.

What still bypasses intestacy

Beneficiary‑designated accounts (401(k), IRA, life insurance) and assets in a revocable living trust or in joint tenancy pass outside intestacy. That’s often helpful—unless your designations are outdated or contradict your current wishes. When you draft a will or trust, update every designation the same day.

Common surprise scenarios

• Unmarried partners: A long‑term partner frequently receives nothing under intestacy, regardless of cohabitation length.

• Blended families: Without a will, a surviving spouse and children from prior relationships inherit by state formula; the result may not reflect your intent to provide for everyone fairly.

• Estranged relatives: The statute does not account for estrangement.

• Parents vs siblings: For the unmarried without children, some states elevate parents over siblings; others split. Few families want a statute calling those shots.

The fix: a state‑specific will (and possibly a trust)

A simple last will and testament lets you (1) choose beneficiaries and alternates, (2) appoint an executor, (3) nominate guardians for minor children, and (4) direct a residuary estate plan that avoids partial intestacy. If you want to avoid probate for your home and investment accounts, add a revocable living trust. Pair it with a pour‑over will that scoops up anything left in your name and pours it into the trust.

A quick illustration

Casey dies without a will. Casey’s partner of 12 years lives in the home, but the deed lists Casey alone. Under intestacy, the partner often inherits nothing; the house may pass to parents or siblings. If Casey had signed a will (or better, a trust with a deed into the trust), the partner’s housing would be secure. A 20‑minute online will plus a deed or beneficiary update could have prevented a crisis.

Execution matters more than perfect prose

Courts admit wills that follow witness requirements and demonstrate intent. They reject wills that miss signatures, use a single witness where two are required, or skip the self‑proving affidavit where allowed. Focus on execution: two adult witnesses, proper sequence, and a notary for the affidavit. Then store the original where your executor can find it.

Your action plan today

1. List who should inherit—and list alternates.

2. Decide who should serve as executor and guardian (if applicable).

3. Draft a state‑specific online will with a clean residuary clause.

4. Sign with two adult witnesses; use a self‑proving affidavit if your state offers it.

5. Store the original at home and tell your executor where it is.

6. Update beneficiary designations on 401(k)/IRA/life insurance to match the plan.

7. Consider a revocable living trust if you want probate avoidance and better incapacity coverage.

Replace the default with your plan: Online Last Will & Testament → /product/online-last-will/

Add probate avoidance as needed: Online Revocable Living Trust → /product/online-living-trust/