What happens if you die without a will?

Quick answerYour state’s intestacy law decides who inherits, usually starting with a spouse and children, and the probate court appoints an administrator. Without a will you also can’t name a guardian for minor children.

Who inherits

Every state has an intestate succession statute. The order is generally spouse, children, parents, then siblings and more distant relatives, but the shares differ by state. If no relatives qualify, property can pass to the state.

New Hampshire intestate succession Source: RSA 561:1, checked Oct 29, 2026.
California intestate succession Source: Cal. Prob. Code § 6400–6402, checked Oct 29, 2026.
Texas intestate succession Source: Tex. Estates Code ch. 201, checked Oct 29, 2026.
Florida intestate succession Source: Fla. Stat. § 732.102–.103, checked Oct 29, 2026.
Ohio intestate succession Source: Ohio Rev. Code § 2105.06, checked Oct 29, 2026.

Small estates may skip full probate

State	Rule
New Hampshire	No small-estate affidavit. Simple estates usually use waiver of administration under RSA 553:32, which has no dollar cap.
California	California has a small-estate affidavit after 40 days, with a dollar limit that is adjusted periodically (Prob. Code § 13100).
Texas	Small estate affidavit for intestate estates up to $75,000 (excluding homestead and exempt property), after 30 days.
Florida	Summary administration for estates up to $150,000 (less exempt property), or when death was more than 2 years ago.
Ohio	Release from administration for estates up to $35,000, or $100,000 if all goes to the surviving spouse.

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