What happens when a person dies intestate?

When a person dies intestate, which means without a valid will, state laws come into play to guide the distribution of the deceased’s assets and address issues such as guardianship for any minor children. Each state has its own intestacy laws that dictate how the estate will be distributed, typically prioritizing the deceased's closest relatives such as spouses, children, parents, and siblings in a prescribed order. This ensures that the estate is allocated based on legal standards rather than the deceased's personal wishes, which can lead to outcomes that differ significantly from what the individual might have intended if they had prepared a will.

The role of state law is crucial here, as it provides a framework that ensures the estate is handled fairly and systematically, preventing disputes among potential heirs. Additionally, state laws will determine who is appointed as the guardian for any minor children, establishing care and responsibility for those children when no explicit arrangements have been made in a will.

Understanding this process highlights the importance of having a will, as it allows individuals to have control over their estate and make provisions for their loved ones according to their wishes.