What Does “Intestate” Mean?
Simply put, intestate means a person died without a valid will. A will is a legal document that explains who should inherit a person’s money, property, and possessions after they die.
If there is no will—or if the will that exists is not legally valid—then the law steps in with a set of default rules to decide who inherits. These are called the rules of intestacy.
Does Intestacy Work the Same Everywhere?
Not exactly. In the United States, each state has its own intestacy laws. While the general principles are similar, the details—such as how much a surviving spouse inherits compared to children—can differ significantly from one state to another.
For example, in one state a spouse might inherit everything if there are no children. In another, they might inherit a set portion, with the remainder going to parents, siblings, or children.
Because of these differences, it’s important to check the specific rules in the state where your loved one lived at the time of their death.
Who Inherits Under Intestacy?
Although the details vary, intestacy laws generally follow a priority list of relatives:
- If the person was married or in a civil partnership: the spouse or civil partner usually inherits most, if not all, of the estate.
- If there were children: the estate is divided between the spouse and the children.
- If there was no spouse or children: other relatives, such as parents, siblings, or nieces and nephews, may inherit.
- If no family members can be found: the estate may eventually pass to the state.
These rules are rigid. They don’t take into account personal relationships, promises, or the unique dynamics of a family. For example, close friends, unmarried partners, or stepchildren are often left out unless the law specifically includes them.
How Does Intestacy Differ From Probate?
It may surprise you, but intestacy isn’t as different—or as daunting—as it sounds. In fact, the process is very similar to probate.
In both situations, someone is appointed by the court to manage the estate:
- With a valid will, that person is usually an executor named by the deceased.
- Without a will (intestacy), the court instead appoints an administrator, often a close family member.
From there, the steps are much the same: gathering assets, paying debts, and distributing what remains. The only difference is how the estate is divided—in probate, distribution follows the deceased’s personal wishes as written in their will; in intestacy, it follows the state’s intestacy rules.
In other words: it’s no problem if there is no will. The process still moves forward, just guided by law instead of personal instructions.
How EstateMin Can Help
Whether your loved one died with or without a will, the reality is the same: you and your family will need to gather documents and provide them to your lawyer. This step is often the biggest factor in how quickly probate moves forward.
The faster your attorney has a clear picture of assets, debts, and expenses, the faster they can:
- File the right documents,
- Respond to the court, and
- Move the estate toward resolution.
EstateMin is designed to make this step simple. Our platform guides you through what needs to be collected, gives you one secure place to upload receipts and financial records, and helps you track assets without the stress of endless paperwork.
By keeping everything organized and accessible, EstateMin ensures you and your lawyer stay aligned—saving time, reducing delays, and helping the probate process run as smoothly as possible.
If you’re facing probate or intestacy, ask your lawyer to use EstateMin today.