What Is Intestate?
Let me explain to you what intestate means. If you die without a valid legal will or any estate plan that outlines how you want your assets distributed, you're considered to have died intestate. In this situation, a state probate court takes over and decides how your assets get divided. This can also happen if a will is presented but the court finds it invalid.
Key Takeaways
When someone dies intestate, it simply means they didn't leave a legal will. Without that document, a state probate court steps in to figure out how the estate should be distributed. These courts usually follow a hierarchy that puts spouses and close relatives first in line for the assets.
Understanding Intestate
If you have a valid will when you die, your assets get divided according to the beneficiaries you named, including any trusts you've set up. But many people don't prepare a will— a 2024 survey from Caring.com found that only 32% of Americans have one, and even among those 55 and older, it's just 43%. If you die without a will, you're dying intestate, and a probate court will handle distributing your assets.
I want to stress this to you: it's crucial to make a will, often with help from an attorney, so your assets go where you intend. Otherwise, the court might give them to people you'd never choose. Keep your will updated if your wishes change.
How the Probate Process Works If You Die Intestate
In probate, the court starts by appointing an administrator to manage your estate. This person lists your assets, pays off debts, and distributes what's left to the heirs as decided by a judge. It's similar to what an executor does if there's a will.
The administrator must find your legal heirs, like a surviving spouse, children, parents, siblings, or other relatives. This follows intestate succession rules, where the court determines who gets what. Distribution varies by state. In most places, it goes to the surviving spouse and children first.
In community property states—Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin, plus Guam and Puerto Rico—spouses jointly own marital property, so the spouse gets at least half. In common law states, the spouse starts the hierarchy and might get less than half, more, or everything if there are no children or grandchildren.
If you were unmarried or widowed with no children, assets go to other relatives. If no heirs are found, the estate escheats to the state. Close friends aren't usually heirs under intestate laws, but joint accounts with survivorship or jointly owned property pass directly to the survivor.
What Does It Cost to Make a Will?
You can make a will for as little as $10 using a do-it-yourself kit, according to Investopedia estimates. If you hire a lawyer—which I recommend for anything complex—expect to pay $150 for a simple one up to $1,000 or more for something complicated.
What Is the Advantage of a Trust?
A trust lets you skip the probate process that wills go through, so heirs get their inheritance faster and smoother. Often, people with trusts also have a pour-over will to cover any assets not in the trust.
What Is a Testamentary Will?
A testamentary will is just another term for a traditional last will and testament. You're the testator if it's your will.
The Bottom Line
Dying intestate means no legal will, so a probate court decides your asset distribution. To prevent this and make sure your assets go where you want, create a will and keep it current.
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