If you die without a will (called dying "intestate"), your state's intestacy laws determine how your assets are distributed. The results may not match your wishes.
Typical intestacy distribution:
If married with children: Your spouse receives a portion (often one-third to one-half), and the remainder is divided among your children. Rules vary significantly by state.
If married without children: Your spouse typically receives everything, though in some states, your parents may receive a share.
If single with children: Everything goes to your children in equal shares.
If single without children: Assets typically pass to parents, then siblings, then more distant relatives in order of closeness.
If no relatives can be found: Your estate "escheats" to the state — meaning the government takes your assets.
Other consequences of dying without a will:
The court appoints an administrator (who may not be your preferred choice). No guardian is designated for minor children — the court decides. There's no opportunity to leave assets to friends, charities, or non-family members. Unmarried partners receive nothing under intestacy laws. The probate process may be longer and more expensive.