Dying Intestate

Do you really know what happens to your property if you die without a will? (Click here and choose your state for the quick answer).  Some common misconceptions about what happens to your property when you die without a will, or "intestate", include having all of your property being given to charity or to the state. Another common misconception, with more serious consequences, is the belief that a surviving spouse is always granted all or substantially all of the deceased spouse's intestate estate. (Much about the probate process is also misunderstood.)

In reality, much of the answer to these questions about the distribution of intestate property depends upon where you permanently reside and which of your family members are living at the time of your death, as these will determine which intestacy laws will apply in order to determine the proper order of intestate succession. Some other factors that affect your intestate estate's distribution include how the property is owned, where the property is located, and even the family relationship that your living relatives have with one another.

Making the answer to this question even more difficult is the fact that every American state has its own laws that determine who will own the property of every intestate decedent and none of the states follow the exact same system. What is possibly the most important factor to understand is that these intestacy laws apply to every person.