When someone dies without a valid will, their estate does not simply pass to whoever cares for them or whoever the family agrees should inherit. The state takes over. A set of laws called intestate succession — laws that exist in every state, and that most people have never read — determines exactly who gets what. These laws are not flexible. They do not account for relationships. They follow legal bloodlines. And for a large portion of American families, the results do not match what the deceased person would have wanted.
Dying intestate means dying without a valid will. When this happens, the probate court applies the intestate succession laws of the state where the person lived. A court-appointed administrator manages the estate, which may not be the person the deceased would have chosen. The formula varies by state, but the general structure is the same everywhere: spouses and children come first, then parents, then siblings, then more distant relatives. The further down that list you go, the more unusual the outcome is likely to be. People who typically receive nothing under intestate succession: stepchildren, unless legally adopted. Unmarried partners, regardless of how long the relationship lasted. Close friends. Charitable organizations. Any person the deceased considered family but who has no legal relationship. Between 68% and 76% of American adults have no will, according to Caring.com's 2024 and 2025 studies. More than a third of those people believe their family will automatically inherit — a belief that is not supported by how intestacy laws actually work.
The specific shares a spouse and children receive vary significantly by state. Community property states treat marital assets differently than the majority of states, which follow what is called common law or separate property rules.
State Spouse's Share Spouse's Share **Default if No (with shared (with non-shared Spouse** children) children) Florida 100% of estate 50% of estate 1. Children, 2. Parents, 3. Siblings Michigan First $150k + 50% 50% of estate 1. Children, 2. of balance Parents, 3. Siblings Pennsylvania First $30k + 50% 50% of estate 1. Children, 2. of balance Parents, 3. Siblings Ohio First $20k + 50% Variable 1. Children, 2. (approx.) Parents, 3. Siblings California 100% community 100% community; 33% 1. Children, 2. property; 50% separate (2+ Parents, 3. Siblings separate (1 child) children) Source: Florida Statutes §732 (2025), Pennsylvania Title 20, Michigan Compiled Laws, Trust & Will Intestate Succession by State Read the Michigan entry carefully. If a spouse dies and leaves behind a $500,000 estate — with one child from a prior relationship — the surviving spouse receives $150,000 plus half of the remaining $350,000, for a total of $325,000. The other $175,000 goes to the stepchild. That may not have been the intention. Without a will, there is no way to change it after the fact.
Intestate succession laws were written around traditional family structures. They have not kept pace with how American families actually look. Blended families — where one or both spouses have children from prior relationships — face the largest exposure. So do long-term unmarried partners, often called domestic partners or cohabitants, who have no automatic inheritance rights in most states regardless of how long the relationship lasted. A 2025 analysis by Caring.com identified several "worst states to die without a will" for retirees — states where the combination of extended probate timelines, strict guardianship laws, and unfavorable succession formulas creates the most exposure. Those states include New York, Georgia, Alabama, and Tennessee. New York's estate tax includes what analysts call a "cliff tax": estates just above the exemption threshold can face an effective rate near 16%, a consequence of how the state's exemption phase-out is structured. Dying without a plan in New York can expose an estate to tax liability that planning would have eliminated.
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Florida Statutes §732 (2025), Pennsylvania Title 20, Michigan