The short answer
If you die without a valid will, you die 'intestate.' Your state's intestacy law then determines who inherits your assets, in a fixed order based on family relationships. You lose the ability to choose who receives what, who administers your estate, and — critically — who raises your minor children.
Who inherits under intestacy
Every state has its own intestacy statute, but the general pattern is similar:
- Spouse and children usually inherit first, often splitting the estate (the exact split varies by state)
- If you have no spouse or descendants, the estate goes to parents, then siblings, then more distant relatives
- If no relatives can be found, the estate 'escheats' to the state
- Unmarried partners, friends, and charities receive nothing — only a will or beneficiary designation can provide for them
The exact shares depend on your state. Your state's estate-planning page summarizes how spousal and family shares work where you live.
What intestacy can't do
Intestacy law only distributes property. It cannot name a guardian for your minor children (a court decides), leave anything to friends or charities, create trusts for young or vulnerable beneficiaries, or name the person you'd trust to wind up your affairs.
The practical cost
Without a will there is no named executor, so a court must appoint an administrator — often requiring a bond and adding delay and expense. Straightforward intestate estates commonly take several months to more than a year to resolve, and family disagreements are more likely when your wishes aren't written down.