Quick answer: Dying without a valid will is called dying intestate. Any property not passed by a will goes to the heirs the state's intestacy statute names, usually the surviving spouse, then children, then parents and other relatives, and to the state only if no one qualifies. The shares vary by state: for a spouse with children, Idaho gives the spouse half of the estate while Utah can give the spouse all of it. A court appoints an administrator, and assets that pass by title or beneficiary designation are not affected.
On this page:
- What intestate means
- Who inherits
- Who runs the estate
- What intestacy does not cover
- What to do
- Check your situation
What intestate means
Someone who dies without a valid will dies intestate. The Uniform Probate Code, as enacted in Idaho, says any part of the estate not effectively disposed of by will passes to the heirs the code prescribes. That covers a person with no will at all and a person whose will fails to cover some of the property. Intestacy affects only the property that would have passed by will. It does not skip probate, which still applies to that property. See how probate works and whether you need probate.
Who inherits
Each state's statute sets an order of heirs built from marriage and family relationships. The typical sequence starts with the surviving spouse's share, and then the rest goes to the decedent's descendants. If there are none, it goes to the parents, then to the descendants of the parents (brothers and sisters and their children), and then to more distant relatives such as grandparents. The details and the shares differ from state to state.
The spouse's share is where the states differ most. Compare two statutes for the same family:
| Situation | Idaho | Utah |
|---|---|---|
| Spouse, no children or parents | The entire intestate estate | The entire intestate estate |
| Spouse and children, all also the spouse's | One-half of the intestate estate (separate property) | The entire intestate estate |
| Spouse and a child from another relationship | One-half of the intestate estate (separate property) | A fixed amount plus one-half of the balance |
| No spouse, children survive | The children share equally | The descendants take |
The table follows Idaho's and Utah's statutes. Idaho is a community property state, and its statute treats community property separately: the half that belongs to the decedent passes to the surviving spouse. The point is that the same family can end up with very different results depending on where the person lived. If no relative qualifies at all, the estate generally goes to the state. Utah's statute sends it to the state for the benefit of the permanent state school fund.
Who runs the estate
With no will there is no executor named, so the court appoints an administrator, who has the same job as an executor. The order of priority is set by statute. Alaska's court system lists it for an estate with no will as the surviving spouse, then any heir, then a creditor once 45 days have passed since the death. Alaska's informal probate is available without a will only if there is no dispute among the interested persons about who will serve, which is one more reason to talk to relatives early. See what an executor does for the job itself.
One practical difference is the bond. A will can waive it, but without a will Alaska's court system lists three ways to handle it: each person eligible to inherit waives it, a bond is posted, or the court excuses it. The cost side is in how much probate costs.
What intestacy does not cover
Intestacy rules apply only to what is left to pass by will. Assets that move by contract or by title work on their own, with or without a will: life insurance and retirement accounts with a named beneficiary, accounts with a payable-on-death designation, and property held jointly with a right of survivorship. The Uniform Probate Code lists these as nonprobate transfers. That is why the answer to "who gets what" often depends more on the beneficiary forms and the titles than on the intestacy statute. Our guide on which assets go through probate shows how to tell which is which.
What to do
- If someone has died without a will: confirm that there really is no will, then look at how each asset is titled. Whatever is left in the deceased person's name alone is the intestate estate. If it is small, check for a simplified procedure in how the small estate affidavit works. Otherwise, the court process applies and the heirs' priority to serve as administrator matters.
- If you are planning ahead: a will lets you choose who inherits and who serves as executor, instead of leaving both to the statute. Beneficiary designations and the other tools in how to avoid probate can then take specific assets out of the process.
Check your situation
The Estate Value Calculator shows what counts toward the probate estate in your state, and the Small Estate Affidavit Checker shows whether a simplified route is open. The Probate Cost Calculator covers costs. The rules for heirs are set state by state and are best confirmed with the probate court or an attorney where the person lived. All the tools are at the probate calculators page, and the methodology page shows how we check each rule.