What Are Children Entitled to When a Parent Dies Without a Will?

When a parent dies without a will, the surviving spouse and children are usually prioritized as primary beneficiaries by the state’s intestate succession laws. In most instances, the surviving spouse will receive most of the assets, and the children will receive the remaining assets. However, every state has laws to determine who receives assets and how much they will receive, and some states have laws that split the assets between the surviving spouse and the children. 

The probate court may have unique considerations regarding children when a parent dies without a will. If minor children do not have a guardian, the court may appoint one and make them responsible for managing the inherited assets. This guardian will pay for common expenses such as healthcare, education, and other necessities until the child transitions to adulthood. Adopted children have the same rights to inherit assets as biological children. Still, they are not entitled to any assets from their biological parents’ estate if the parent dies without a will. Likewise, stepchildren aren’t entitled to any assets unless they have been adopted or a will was created before the stepparent’s death. 

It is important to note that adult children have complete control over their inheritance when assets are distributed and are allowed to use them according to their preferences. In contrast, minor children will always need a legal guardian to manage the assets until they are older, and some may also have assets transferred to a trust. How much of the inheritance is awarded to the children tends to vary by state. For example, California law indicates that if the person who died had children from previous partners, half of their estate would be distributed among the children. The other half would be distributed to the surviving current partner. 

Although minor and adult children have rights to assets when a parent dies without a will, the implementation of those rights will differ due to state laws. It can also be difficult to discern the amount of inheritance that adult and minor children are entitled to since it can vary based on court decisions, state laws, and whether a surviving spouse or relative is available. Similarly, some children may not be entitled to receive anything if they are stepchildren. This ultimately underscores the overall importance of creating a will to ensure that children are taken care of in the manner that the parent intended. 

Sources 

“Dying without a will – What happens?” Trust & Will. https://trustandwill.com/learn/dying-without-a-will 

“What is a child entitled to when a parent dies without a will?” Legal Zoom. https://www.legalzoom.com/articles/child-rights-if-parents-die-without-will