In most states, when someone dies without a will, property is distributed among a surviving spouse and the deceased person’s children. If no heirs in these categories exist, the executor will try to locate other legal heirs. These could include surviving parents, siblings, aunts, uncles, nieces, and nephews, just to name a few. If there are no legal heirs to be found, assets are transferred to the state.
As an example, in South Carolina the intestate succession laws are as follows:
- If you die with children and no spouse, the children inherit everything in equal shares.
- If you die with a spouse and no children, your spouse inherits everything.
- If you die with both a spouse and children, the spouse inherits half of the property in question, and the children split the rest.
- If you have neither a spouse or children, but your parent(s) are still alive, the parents inherit everything.
- If you have no spouse, children, or living parents, but you have siblings, they split everything in equal shares.
Beyond spouses, children, living parents, or siblings, it can get a little more complicated. And while the exact laws vary from state to state, they typically have a similar structure to what is listed above.
To be clear, the probate process without a will can take much longer than if there is a legal will in place, and this is especially true if survivors start fighting over the assets in the estate. Neither is typically quick, but one of the biggest reasons to have a will in place is to make sure your assets go where you want them to in a timely manner.
Just to give you a rough idea of what to expect, with a will (and no major snags), probate typically takes six to nine months. Without a will, it isn’t unusual for the probate process to drag on for years.