3. Intestate Succession: What Happens Without a Will?
When a person dies without a valid will (intestate), their property is distributed through intestate succession laws, which vary by country and state but follow a general hierarchy of heirs. Typically, the first priority goes to the surviving spouse or civil partner. In many jurisdictions, if the deceased has children, the spouse may receive a portion of the estate (e.g., a fixed sum or half) with the rest split among the children. If there is no spouse or children, the estate passes to parents, then siblings, and so on to more distant relatives (aunts, uncles, cousins). If no living relatives are found, the estate escheats (reverts) to the government. Intestate succession can lead to unintended consequences: unmarried partners, stepchildren, or friends are usually not recognized as heirs, even if the deceased intended to provide for them. It can also cause delays and conflicts, as family members may disagree with the legal distribution. For example, a parent who wanted to leave a family home to a disabled child might see it split equally among all children under intestacy laws. To avoid this, creating a will is essential to ensure assets go to the intended recipients.