Estate Planning Glossary
The legal term for dying without a valid will, causing the state to distribute your assets according to its default inheritance formula.
Plain English
Dying intestate means dying without a will. When that happens your state applies its own formula — called intestate succession — to decide who gets what. The formula is rigid and impersonal. It typically favors spouses and children in a set order, but it doesn't account for your actual relationships, your wishes, or people you love who aren't legally related to you.
Why it matters
Intestate succession ignores unmarried partners, stepchildren, close friends, and charities. If you want anyone other than a legal spouse or blood relative to receive anything, you need a will.
A will prevents intestate succession entirely. First Light generates state-specific wills from $49.
Common questions
Your state's intestacy laws determine who inherits. Typically assets go first to a spouse, then children, then parents, then siblings. Unmarried partners, stepchildren, and close friends receive nothing unless specifically named in a will.
Yes. Without a will naming a guardian, a court appoints one. The court may choose a relative you would not have selected. This is the most urgent reason for new parents to create a will.
Only by creating a valid will before death. Once you die intestate the state formula applies with limited exceptions.
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