Verified July 2026
What intestate means
Intestate means a person died without a valid will.
When that happens, the state where they lived decides who inherits, following a fixed order set by that state's intestacy law.
That order almost always begins with a surviving spouse and children, then moves outward to parents, siblings, and more distant relatives.
It rarely means the state takes the property. That only happens when no living relative can be found at all.
Legal Information Institute, Cornell Law Schoolopens in a new tabWho inherits, and in what order
Each state writes its own intestacy statute, but the shape is broadly the same. A surviving spouse and children come first, and how the estate is divided between them depends on the state and on whether the children are also the spouse's children.
If there is no spouse or child, the estate passes to parents, then to siblings, then to grandparents and their descendants, widening until a relative is found.
What intestacy does not do
Intestacy does not honour informal wishes, promises, or a will that was not validly signed and witnessed. It follows the statute, not the family's understanding of what the person wanted.
It also does not override assets that already carry their own beneficiary, such as life insurance, retirement accounts, or property held jointly. Those pass to the named person regardless of a will.
Go deeper
Law and the Estate
How estates pass, with a will and without one, taught from first principles.
Last updated July 2026
This is general information, not legal, tax, financial, or medical advice. Rules vary by state and change over time. Please confirm anything that affects your situation with a qualified professional.