If you die without a will (known as "intestate"), the state, and not you, will decide how your property is to be distributed. In many states, your property will be distributed as follows: first, all of your joint property will pass to your spouse (if you have one). Second, your separate property will pass according to these rules:
If you have a spouse, your spouse receives:
All of your property if you leave no children, parents, siblings, nieces or nephews.
Half of your property if you leave one child or one or more parents, siblings, nieces or nephews.
One-third of your property if you leave two or more children.
All property not given to a spouse is distributed to the following persons in this order:
Your children
Your parents
Your brothers and sisters or if they are not living, their children (i.e. your nieces and nephews)
Your grandparents or if they are not living, their children (i.e. your uncles and aunts)
