Intestacy: What Happens If Someone Dies Without a Will?
We often hear about people “leaving a will” — but many families only discover after a death that no will was ever made. It might feel daunting at first, but it's far more common than you might think.
If you're dealing with the estate of someone who died without a valid will, the legal word for this is intestacy. What happens next depends a little on where you live, but the general idea is the same: there’s a legal set of rules that decides who inherits.
Let’s take a simple look at how it works.
Who inherits when there’s no will?
Every country (and sometimes individual states, provinces, or territories) has its own version of intestacy rules. They all aim to distribute the estate to close family members, following a legal order of priority.
Usually, it works something like this:
1️⃣ Spouse or civil partner
In most places, a surviving spouse or registered partner will inherit first — sometimes everything, sometimes a large share, depending on the size of the estate and whether there are children.
2️⃣ Children and their descendants
If there’s no spouse, or once the spouse’s share is taken care of, the rest is usually divided among children. If a child has already died, their share may pass to their own children (the deceased person’s grandchildren).
3️⃣ Parents, siblings, and beyond
If there’s no spouse or children, the law starts working outwards: to parents, then siblings, nieces and nephews, grandparents, aunts, uncles, cousins, and so on. In rare cases, if no relatives can be found, the estate may eventually pass to the state.
What happens to unmarried partners or close friends?
This is one of the hardest parts for many families. In most countries:
Unmarried partners, even long-term ones, usually don’t inherit anything automatically under intestacy rules.
Close friends, carers, or stepchildren also generally aren’t entitled to anything unless named in a valid will.
In some places, partners or dependants may be able to make a legal claim against the estate — but that often involves going to court and can be complex.
Who handles the paperwork?
When there’s no will, someone still needs to deal with the estate. This person is usually called the administrator (instead of an executor).
The administrator applies for legal authority to manage the estate — sometimes called letters of administration, grant of administration, or similar terms depending on your country.
They’ll be responsible for:
Collecting assets
Paying debts and taxes
Distributing what’s left according to the intestacy laws
In many places, there’s a clear legal order for who can apply to be the administrator — usually starting with the surviving spouse or adult children.
Is it more complicated without a will?
Often, yes — but not always.
There may be extra forms or legal steps.
Some financial institutions are more cautious when there’s no will.
Sorting out who should inherit can take longer, especially if there’s any disagreement.
There may be unexpected people who are legally entitled to a share.
That said, many intestacy cases proceed quite smoothly — particularly when the family is small or everyone agrees.
Can you prepare for this?
Yes — and this is why wills are so important.
A simple will can:
Make your wishes clear
Avoid confusion or disputes
Allow you to leave gifts to unmarried partners, friends, charities, or stepchildren who wouldn’t inherit automatically
Even writing down some clear instructions can spare your family from a lot of extra admin and uncertainty.
A final thought
If you’re dealing with the death of someone who didn’t leave a will, it’s completely normal to feel overwhelmed. The legal rules can seem confusing at first, but most families find their way through step by step.
And as always:
Keep good notes
Stay organised
Ask for professional help if you need it
Be kind to yourself while you work through it all
If you need a simple way to keep track of all the tasks, paperwork and information as you go, the After Death Spreadsheet is designed to help. It doesn’t replace legal advice — but it does help you stay organized, one step at a time.
