What happens to parents estate if no will?
Isabella Turner
Updated on January 19, 2026
If you die without a will, the probate court will refer to local “intestate succession” laws to decide who will receive your property. The order of succession usually prioritizes your surviving spouse or domestic partner, followed by your children, then parents, siblings, and extended family members.
Can an estate be settled without a will?
If you are the administrator of an intestate estate (an estate without a will) or an executor of the estate (an estate with a will), you can settle the estate yourself by following the probate code (if no will) or decedent’s directives contained in will (if there is a will), while going through the probate process as …
What happens if a parent dies without a will?
This is called an intestate estate, which means mom or dad died without a will. The beneficiaries will then be determined by state law, which dictates who inherits the money.
What happens to the estate of a parent who dies intestate?
If there are two or more children, the children will inherit in equal shares: one half of the value of the estate above £250,000. All the children of the parent who has died intestate inherit equally from the estate. This also applies where a parent has children from different relationships.
What happens to an estate if there is no surviving partner?
Children – if there is no surviving married or civil partner. If there is no surviving partner, the children of a person who has died without leaving a will inherit the whole estate. This applies however much the estate is worth. If there are two or more children, the estate will be divided equally between them.
What happens to the rest of the estate if there is no will?
The rest of the estate will be shared by the following: if there are no children, grandchildren or surviving parents, any brothers and sisters will get a share (or their children if they died while the deceased was still alive) if the deceased has none of the above, the husband, wife or registered civil partner will get everything
