How does inheritance work if there is no will?

Posted by Alan Finkel on September 8th, 2022

Your heirs are determined by intestate succession rules. State laws may differ, but generally speaking, your assets are divided up among your spouse or civil partner, adult or underage children, stepkids, parents, siblings, uncles and aunts nieces, nephews, and other close relatives. 

Who does not receive an inheritance from you? long-term partners, stepchildren, and loved ones who are not blood relatives. 

Your whole estate normally belongs to the state if no relatives can be located. This includes real estate, personal property, IRAs, retirement funds, and bank accounts.

Transferring Real Estate Using a Deed

Some property is transferred using a property deed rather than the probate court. In such cases, the home or other estate would be conveyed as follows, while all other assets of the estate would be split as mentioned above.

Shared tenancy with survivorship right or tenancy by the entirety: The home is jointly owned by the couple. When one spouse passes away, the other spouse immediately receives their share.

Common Tenants: Each spouse owns a portion of the property as tenants in common. That portion might not be equal. If one spouse passes away, the surviving spouse keeps their half, while the remaining portion is distributed among the deceased spouse's heirs. 

Property Transfer through a named beneficiary: 

Some property is given to an heir who is listed as the beneficiary on the deed. This is the situation with life insurance coverage. The beneficiary will get the life insurance payout, and the insured person is the one who passed away. 

Bank accounts and retirement funds frequently have designated beneficiaries as well. A transfer of the asset is possible without going through probate. No will is necessary. 

Additionally, the distribution of assets held in a trust does not take place in a probate proceeding. A trust beneficiary does not have to be mentioned in a will. 

What will happen if the person is single and he/she dies without any will?

In most states, the following rules are applicable for estate transfer:

• Your whole inheritance is split equally among your children if you are a single parent with children. Your grandkids will receive the portion of any deceased children who had children when you were alive.
• If you are childless and single, your inheritance is divided evenly between your parents.
• Your surviving parent and siblings receive a portion of the inheritance if one of your parents has already passed away (including half-siblings).
• Your whole inheritance will be split equally among your siblings if you pass away without any living parents.
• The inheritance would be distributed among your siblings' descendants if neither your parents nor your siblings were still alive (nieces and nephews).
• Cousins from your mother's side and cousins from your dad's family would each receive half of the inheritance in the absence of any close relatives.

What will happen if the person is married and he/she dies without any will? 

If a spouse passes away without leaving a will, your state's intestacy rules, whether you reside in a state of community or separate property, and the titles of your assets will all affect how your property is distributed.

Based on the state's intestate succession laws, different regulations apply in various property states. If you are married and have kids with your current spouse, your whole inheritance may belong to them if you live in a separate property state. Otherwise, your surviving partner may be entitled to up to half of the inheritance, with the remaining going to your surviving children.

What will happen if the person is in a domestic partnership and he/she dies without any will?

It's crucial to research the rules of your own state to find out how property will be handled following your passing because not all jurisdictions recognize domestic partners. A recognized domestic partner receives the same as a married surviving spouse in some states.

Planning your estate succession can be a very complicated process. You can hire an estate planning attorney in Brevard, North Carolina who can guide you through this complicated process and make this easy for you.