Does the government take everything if I die without a will?

Only as a last resort. The estate passes to relatives in a set order. Government ownership (escheat) happens only when no eligible relatives can be located.

Will my spouse automatically get everything?

Not necessarily. In many jurisdictions the spouse shares with the children once the estate exceeds a set amount. The exact division depends on local intestacy law.

Do common-law partners inherit without a will?

It depends entirely on where you live. Some places grant them rights, others give them nothing. Making a will removes that uncertainty.

How do I avoid intestacy?

Make a valid will. Even a simple will naming beneficiaries, an executor, and a guardian keeps your estate out of the default rules. Online services can produce one in about 20 minutes.

What Happens If You Die Without a Will (Intestacy)?

When someone dies without a valid will, the law calls it dying 'intestate.' Instead of your wishes, a fixed statutory formula decides who inherits and who is put in charge. The outcome is often slower, more expensive, and very different from what most people would have chosen. This is general information, not legal advice — consult a lawyer in your jurisdiction.

What does intestacy mean?

Intestacy is the legal status of an estate with no valid will. Each province, territory, and US state has its own intestacy statute that ranks relatives in a fixed order of priority.

Because the formula is rigid, it cannot account for your relationships, promises, or intentions. It simply applies the same rules to everyone in the same family structure.

Who inherits when there is no will?

Typically a surviving spouse and children share the estate, but the split varies widely by jurisdiction. A spouse may receive a fixed 'preferential share' first, with the remainder divided among children.

If there is no spouse or children, the estate passes to more distant relatives — parents, siblings, then nieces, nephews, and beyond. If no relatives can be found, the estate can ultimately go to the government.

What about common-law partners?

This is one of the biggest risks of intestacy. In several provinces and states, a common-law or unmarried partner inherits nothing under the default rules, no matter how long the relationship lasted.

Where common-law partners do have rights, they often must meet specific cohabitation requirements and may still receive less than a married spouse. A will is the only reliable way to provide for an unmarried partner.

Who manages an intestate estate?

With no will there is no named executor. Instead, a relative must apply to the court to be appointed administrator (the equivalent of a personal representative). This adds time, paperwork, and sometimes the cost of a bond.

If several relatives want the role, or none do, the process can stall and create conflict at an already painful time.

What happens to minor children?

Without a will you cannot nominate a guardian. If both parents die, a court decides who raises your children, possibly choosing someone you would not have selected.

Any inheritance for minors is typically held by the court or a court-appointed trustee until the child reaches the age of majority, with little flexibility about how and when funds are released.

Frequently asked questions

Does the government take everything if I die without a will?: Only as a last resort. The estate passes to relatives in a set order. Government ownership (escheat) happens only when no eligible relatives can be located.
Will my spouse automatically get everything?: Not necessarily. In many jurisdictions the spouse shares with the children once the estate exceeds a set amount. The exact division depends on local intestacy law.
Do common-law partners inherit without a will?: It depends entirely on where you live. Some places grant them rights, others give them nothing. Making a will removes that uncertainty.
How do I avoid intestacy?: Make a valid will. Even a simple will naming beneficiaries, an executor, and a guardian keeps your estate out of the default rules. Online services can produce one in about 20 minutes.