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title: What happens when a person dies without a will?
description: What happens when a person dies without a will digital asset management organize finances create will estate planning personal property
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January 22, 2025

# What happens when a person dies without a will?

If a person dies without leaving a will, it is referred to as dying "intestate." In this case, the distribution of the deceased's estate is governed by the intestacy laws of the state or country where they lived. 

Dying without a will can lead to delays, potential family disputes, and outcomes that may not reflect the deceased's wishes. Therefore, creating a will is important for ensuring that one's estate is distributed according to personal preferences.

Here’s what typically happens:

1. **Appointment of an Administrator:** A court appoints an administrator to manage the estate. This person is often a close relative or someone eligible under state laws.
2. **Payment of Debts and Taxes:** The administrator is responsible for paying any outstanding debts, taxes, and expenses from the estate’s assets.
3. **Distribution of Assets:** The remaining assets are distributed according to intestacy laws. These laws vary by jurisdiction but generally follow a hierarchy:
   
     - **Spouse and Children:** In many places, the estate is divided between the surviving spouse and children.
     - **Other Relatives:** If there is no spouse or children, the estate may go to parents, siblings, or more distant relatives.
     - **Escheat:** If no relatives can be found, the estate may escheat, or revert, to the state.
4. **Exclusion of Non-relatives:** Intestacy laws typically do not provide for non-relatives, friends, or charities to inherit, even if the deceased may have wished to leave something to them.

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