What Happens If You Die Without a Will?

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If you die without a will, your assets will be distributed according to the intestacy laws of your state, which determine who inherits your property and financial accounts. The specifics vary by state, but generally your estate will go to your spouse and/or children, or if you have neither, to other close relatives. To ensure your assets go to those you want, you need to create a will or trust, either through do-it-yourself resources or by hiring an estate planning attorney.

Why it matters

Having a will or estate plan in place is crucial to make sure your wishes are carried out and to avoid potential family conflicts after you're gone. Without a will, the state will decide how your assets are distributed, which may not align with your intentions.

The details

If you die without a will, your assets will be distributed according to the intestacy laws of your state. These laws determine who inherits your property and financial accounts. The specifics vary by state, but generally your estate will go to your spouse and/or children, or if you have neither, to other close relatives like parents, siblings, or nieces and nephews. Jointly owned property and accounts will automatically go to the surviving co-owner, but separately owned assets will be divided up based on your state's laws.

• The Savvy Senior column was published on March 23, 2026.

What they’re saying

What’s next

To ensure your assets go to those you want, you need to create a will or trust, either through do-it-yourself resources or by hiring an estate planning attorney.