When someone dies without a will, trust, or other estate planning documents, state intestacy law decides who inherits their property, following a fixed formula based on family relationships rather than the person's actual wishes, which can also mean a court decides who cares for any minor children.
General information
- Intestacy laws vary by state but generally prioritize a spouse and children, then other close relatives.
- Without named health-care or financial agents, a court may need to appoint someone to make those decisions during a period of incapacity.
- The probate process for someone who died without a will can take longer due to added court involvement in decisions.
Service steps to consider
- If you're dealing with this situation now, consult a probate attorney about state intestacy rules.
- If you're planning ahead, create at least a basic will to avoid this outcome for your own estate.
- Consider naming guardians and agents now rather than leaving those decisions to a court later.
Quick check
- Do I have at least a basic will in place?
- Have I named guardians and agents for my own situation?
How Complete Wills can help
This is exactly the outcome Complete Wills' guided questionnaire is built to help you avoid. Creating even a basic will and set of core documents ensures your property, guardianship wishes, and decision-makers are determined by you rather than by a default state formula, which is one of the most common reasons people start their estate plan with Complete Wills in the first place.
Important limits
- If you're currently facing an intestacy situation for someone who has already died, a probate attorney can best advise on next steps.
DRAFT - This article is newly written and has not yet been verified against a live Complete Wills source or fact-checked by the Complete Wills team. Confirm all details, especially pricing, attorney-support terms, and state availability, before publishing. Prepared September 14, 2026.
