What Happens if I Die Without a Will?

Michael Palermo

If you die "intestate"- without a will- what happens to your property ("estate") will depend on your marital status and whether or not you have children.

Married With Children

The laws of most states award one-third to one-half of the estate of someone who dies without a will to the surviving spouse. The rest of the property goes to the children, regardless of their ages.

Married With No Children

Most state laws give only one-third to one-half of the estate to the surviving spouse. The remainder generally goes to the deceased person's parents, or if the parents are dead, to brothers and sisters.

Single With Children

When a single person with children dies without a will, state laws uniformly provide that the entire estate goes to the children.

Single Person With No Children

In this situation, most state laws favor the deceased person's parents. If both parents are deceased, many states divide the property among the brothers and sisters.

Michael Palermo is a Lexington, Kentucky estate planning lawyer and Certified Financial Planner. More information about estate planning can be found on his Web site.

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