When a parent dies without a will (intestate), the distribution of their estate is governed by intestacy laws, which vary by jurisdiction but generally prioritize the deceased's closest relatives, especially children.
What a Child Is Entitled to When a Parent Dies Intestate
- Automatic Right to Inherit: Children typically have an automatic right to inherit from a deceased parent who died intestate. This includes biological children, adopted children, and in some jurisdictions, children conceived before but born after the parent's death (unborn children) if they are later born alive
- Share of the Estate: If the deceased parent is survived by children but no spouse, the estate is usually divided equally among the children. If there is a surviving spouse, the spouse often receives a significant portion (e.g., two-thirds) and the children share the remainder equally
- Representation Rights: If a child of the deceased parent has died before the parent, that child's share typically passes to their own children (the grandchildren of the deceased), who inherit equally in place of their parent
- No Will Means No Specific Provisions: Without a will, children do not have a right to a specific portion beyond what intestacy laws provide. Unlike a will, intestacy laws do not consider the deceased's wishes or special circumstances. This can sometimes lead to disputes or unexpected outcomes
- Guardianship and Management of Inheritance: For minor children, the court may appoint a guardian to manage their inheritance until they reach adulthood. Without a will, the deceased parent cannot specify a guardian or trustee, which might affect the child's financial and emotional well-being
- Debts and Expenses: Before distribution, the estate must pay off debts and funeral expenses, so the amount children receive is net of these costs
Summary Table of Typical Intestacy Distribution (Example)
Situation| Distribution to Children
---|---
Children only, no surviving spouse| Estate divided equally among children
Surviving spouse and children| Spouse gets major share (e.g., 2/3), children
share remainder equally
Child predeceased parent| Child’s share passes to their children
(grandchildren)
Important Notes
- Stepchildren or foster children generally do not inherit under intestacy unless legally adopted
- Laws differ by state or country, so exact entitlements can vary
- Intestacy laws do not replace the benefits of having a will, which allows parents to specify guardianship and exact inheritance provisions for their children
In conclusion, when a parent dies without a will, children are entitled by law to inherit a portion of the estate according to intestacy rules, typically receiving equal shares if no spouse survives, or a portion alongside the spouse if one survives. The estate is administered by a court-appointed administrator or the surviving spouse or adult children, and the inheritance process includes settling debts and expenses before distribution
