If you die without a will, you're said to die "intestate." What happens next is decided not by you, but by default legal rules — and the result can surprise families.

The law writes your will for you

Intestacy rules set a fixed order of who inherits, typically prioritizing spouses, children and other close relatives in proportions defined by law. Your personal wishes, friends, charities or unmarried partners may receive nothing, regardless of your intentions.

Common surprises

  • Unmarried partners are often not recognized by intestacy rules.
  • Stepchildren may not inherit unless legally adopted.
  • Specific gifts you wanted to make simply don't happen.
  • Guardianship for children is decided by a court, not by you.
Intestacy can also make the process slower and more stressful for your family, as the estate is administered under court-supervised default rules.

Who administers the estate?

Without a named executor, a court typically appoints an administrator to gather assets, pay debts and distribute what's left according to the intestacy rules.

The fix is simple

A valid will lets you decide who inherits, who manages your estate and who cares for your children — instead of leaving it to a legal formula. It's the most reliable way to keep control of these choices.

General information only, not legal advice. Intestacy rules vary by jurisdiction.