Intestate Estate: Property Not in a Will

When This Statute Comes Into Play

Most people assume a will covers everything. In practice, it often does not. Assets get overlooked. Bank accounts get opened after the will was signed. Real estate changes hands. When that happens, intestate succession laws fill the gap.

That means the court follows a set order of priority: surviving spouse first, then children, then parents, then more distant family members. You do not get a say in the order. State law decides who receives what when you die intestate.

When a Surviving Spouse Does Not Inherit Everything

Many people assume a surviving spouse automatically inherits the entire estate. That is not always the case. If the decedent had minor children from a prior relationship, the surviving spouse receives only a portion. The rest goes to those children.

This is one of the most common surprises in estate settlement. Blended families, second marriages, and children from different relationships all change the math. A properly funded living trust avoids this uncertainty. It lets you specify exactly who gets what.

Assets Often Missed by a Will

Many family members do not realize how often property falls outside of a will. A beneficiary designation on a life insurance policy or retirement account may override what the will says. Bank accounts with no payable-on-death designation may also pass through intestate succession laws.

Real estate titled in only one spouse's name can create unexpected results. Without clear planning, these assets follow the default rules. That can leave minor children or other family members with less than intended.

If you want to control who inherits your property, a will alone may not be enough. Reviewing beneficiary designations, account titles, and real estate deeds helps make sure nothing is left to chance.