Intestate
Also called: intestacy, dying intestate, intestate succession
Updated June 7, 2026
Who inherits when there is no will
Each state sets its own order of intestate succession, but the pattern is similar: a surviving spouse and children come first, followed by parents, siblings, and more distant relatives. Intestacy follows blood and marriage, not intention — so an unmarried partner, a stepchild you never adopted, a close friend, or a favorite charity typically receives nothing, no matter how close they were to you.
A will is also treated as missing when it can't be found
An estate can be handled as intestate even when a will existed — if the signed original cannot be located. This is one of the most avoidable causes of intestacy, and the reason keeping documents findable matters as much as writing them.
Related terms
- Administrator — An administrator is a person appointed by a probate court to settle an estate when the deceased left no will, or when the will named no executor who can serve. The administrator has the same duties as an executor — gathering assets, paying debts, and distributing what remains — but receives their authority from the court rather than from a will.
- Escheat — Escheat is the legal process by which a person's property passes to the state when they die with no valid will and no living heirs who can be found. It also applies to dormant financial accounts — banks and other institutions are required in most states to turn over unclaimed funds to the state after a period of inactivity.
- Heir — An heir is a person who is legally entitled to inherit from an estate under state intestacy law — typically a spouse, child, parent, or other close relative. The term is often used more loosely to mean anyone who inherits, whether under a will or by law, but in its precise sense it refers only to those who would inherit if there were no will.
- Probate — Probate is the court-supervised process of proving a will is valid, settling the deceased's debts and taxes, and distributing what remains to the people entitled to it. It applies whether or not there is a will, and it is overseen by a probate court in the county where the person lived.
Legatus Vault keeps your wills, trusts, and estate documents in one secure place and releases them — only when the time comes, and only after careful verification — to the people you choose.