What happens if there's no will? Who inherits?
When there's no will, state law decides. The usual order: spouse, then children, then parents, then siblings.
When someone dies without a will, they die “intestate,” and state law, not the family, decides who inherits. The rules are called intestacy laws, and while every state differs, the general order is similar.
The usual order
A surviving spouse typically comes first, often sharing with the children. If there's no spouse, the children inherit. If neither, it moves to parents, then siblings, then more distant relatives. Blended families and stepchildren complicate this, which is exactly where disputes start.
Who's in charge
With no will there's no named executor, so the court appoints an “administrator” (usually a close relative) and issues Letters of Administration. The job is otherwise the same as an executor's.
Because the details are strictly state-specific, confirm your state's intestacy statute before assuming who gets what.
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State intestacy law decides, generally in this order: spouse, then children, then parents, then siblings, then more distant relatives.
The court appoints an administrator, usually a close relative, and issues Letters of Administration. The job is the same as an executor's.