If you die without a valid will, your state’s intestacy laws decide who inherits property that needs to pass through your estate. Your spouse does not necessarily receive everything.
- Some assets follow separate instructions: accounts with valid beneficiaries, some jointly owned property, and trust assets.
- A court may step in: it may need to appoint someone to handle the estate or care for minor children.
The state steps in: intestate succession
Intestate succession is the default inheritance system. The applicable state law determines eligible heirs and their shares.
A surviving spouse, children, parents, and other relatives may have rights, but there is no single nationwide formula.
A spouse does not always inherit everything. The answer can depend on:
- whether property is community or separate property
- whether children are from a previous relationship
- whether parents survive
Real estate in another state may require separate analysis.
Unmarried partners, friends, charities, and unadopted stepchildren often do not inherit through intestacy. Exceptions exist, including protections for registered domestic partners in some states.
A valid beneficiary designation or estate-planning document can produce a different result.
The California courts’ probate guide illustrates how one state’s process works. Use the courts or statutes for the state governing the actual estate.
Who makes the decisions?
When court administration is required, a personal representative:
- collects estate property
- pays valid debts and taxes
- distributes what remains
A will usually nominates an executor. Without one, state law sets priorities for appointment, and the court appoints an administrator.
The need for a bond, court supervision, or formal probate depends on state law and the estate. Small-estate or simplified procedures may be available.
Guardianship of minor children
A surviving legal parent generally retains parental rights. A guardianship question arises when no parent can care for the child or other circumstances require court involvement.
A will can nominate your preferred guardian, but the court makes the appointment under applicable law. The nomination guides the court; it does not transfer custody automatically.
The California courts’ guardianship guide explains the distinction between caring for a child and managing the child’s money; your state may use different procedures.
Managing money left to minors
A child’s inheritance may need a custodian, guardian, conservator, or trustee. The arrangement and age of direct access depend on the documents and state law.
A properly drafted trust can specify how funds should support the child and when they receive control.
How the process actually unfolds
The person handling the estate should first locate any will, trust, beneficiary forms, and ownership records. Then sort the assets by how they transfer.
If formal probate is necessary, the usual tasks are:
- request appointment
- inventory assets
- notify creditors
- pay valid obligations
- distribute the remainder
The process can take months or longer depending on complexity and disputes. Costs are paid from the estate.
What a will does not control
| Asset | Who decides |
|---|---|
| Solely owned, no beneficiary | Your will, or intestacy law |
| Life insurance, retirement accounts | Beneficiary designation |
| Payable-on-death account | Named beneficiary |
| Property with survivorship rights | Ownership form + state law |
| Property held in a trust | The trust’s terms |
Review these arrangements together. Writing a will does not necessarily replace an old retirement-account beneficiary form.
Why having a will matters
A will lets you name beneficiaries, nominate an executor and guardian, and specify how you want probate property distributed. It can also establish trusts for beneficiaries who should not receive money outright.
After signing the documents, tell the people involved where to find them and check whether account titles or beneficiary forms need updating.
Review the arrangements after a marriage, divorce, birth, death, or move. A document nobody can locate, or one that conflicts with an old account form, can leave your family with work you meant to spare them.
