If you die without a valid will, you have not actually avoided estate planning. You have simply delegated the decision to your state legislature. Every state has intestacy statutes that dictate exactly who inherits your property, in what proportions, and through what process. These default rules are designed to approximate what a typical person might want. They frequently miss the mark. How Intestacy Works When a person dies without a will (intestate), their assets that do not pass by other mechanisms (beneficiary designations, joint ownership, transfer-on-death deeds) are distributed according to the intestacy laws of the state where they lived. Real property is governed by the laws of the state where the property is located, which can mean different distribution rules for different assets. The intestacy statutes create a hierarchy of inheritance based on family relationships. Spouses and children are at the top. Parents, siblings, and more distant relatives follow in a prescribed order. If no relatives can be identified, the assets escheat to the state. Virginia's Intestacy Laws In Virginia, the distribution depends on whether the deceased had a surviving spouse and whether the deceased had children. If there is a surviving spouse and all of the deceased's children are also children of the surviving spouse, the entire estate passes to the surviving spouse. However, if the deceased had children from a prior relationship, the surviving spouse receives only one-third of the estate. The remaining two-thirds is divided equally among all of the deceased's children. This distinction catches many blended families by surprise. A person who assumed their spouse would receive everything may inadvertently leave their spouse with only one-third, while children from a previous relationship (who may be adults with their own resources) receive two-thirds. If there is no surviving spouse, the estate passes to the deceased's children in equal shares. If there are no children, it passes to the deceased's parents, then to siblings, and then to more distant relatives following a statutory hierarchy. Washington's Intestacy Laws Washington is a community property state, which adds a layer of complexity. Community property (assets acquired during the marriage) and separate property (assets owned before the marriage or received by gift or inheritance) are treated differently under intestacy. All community property passes to the surviving spouse. For separate property, the surviving spouse receives one-half if the deceased had children or one-half if the deceased had no children but had parents or siblings. If the deceased had no children, no parents, and no siblings, all separate property passes to the surviving spouse. The community property distinction is critical. Assets that one spouse considers "mine" may actually be community property under Washington law, which means they pass entirely to the surviving spouse regardless of the deceased's other family relationships. Colorado's Intestacy Laws Colorado's intestacy rules reflect the Uniform Probate Code, which many states have adopted. If all of the deceased's children are also children of the surviving spouse and the surviving spouse has no other children, the entire estate passes to the surviving spouse. If the deceased had children who are not children of the surviving spouse, the surviving spouse receives the first $225,000 of the estate (adjusted periodically for inflation) plus one-half of the balance. The remaining balance is divided among the deceased's children. Colorado also recognizes a concept called the "elective share," which allows a surviving spouse to claim a percentage of the deceased's augmented estate (including certain lifetime transfers) if the spouse would otherwise receive less under the will or intestacy. What Intestacy Cannot Do The most significant limitation of intestacy is what it cannot accomplish. Intestacy laws do not allow you to leave assets to friends, charitable organizations, or stepchildren. They do not allow you to designate a guardian for minor children. They do not create trusts for beneficiaries who need asset protection or are not yet mature enough to manage an inheritance. They do not minimize estate taxes or provide for the management of a business. Intestacy also requires probate, the court-supervised process for transferring assets. Probate takes months to complete, involves court costs and attorney fees, and creates a public record of your assets and their distribution. A well-designed estate plan can avoid probate entirely for most assets. The Cost of Not Planning The cost of a basic will or revocable living trust is modest. The cost of intestacy is measured in attorney fees, court costs, family disputes, and outcomes that no one would have chosen. A simple will takes an hour or two with an attorney. Probate administration takes months and costs thousands. For parents of minor children, the stakes are even higher. Without a will