Who is First in Line? The Strict Hierarchy of Dying Without a Will

When there is no Will, the law doesn't care about who was the "favorite" niece or which friend stayed by your side for twenty years. Instead, the state follows a rigid, cold formula called Intestate Succession.

If you are trying to figure out who is at the front of the line for a loved one's estate, here is the order of priority, the exceptions, and the "dead ends."

1. The Immediate Circle: The Primary Heirs

In almost every jurisdiction, the "line" starts with the nuclear family. However, the way they share the "first" spot depends on who is still alive.

• The Spouse Only: If there are no children, the spouse is almost always first in line for 100% of the estate.

• The Spouse + Children: This is where it gets tricky. In many states, the spouse and children share the first-in-line spot. The spouse might get the first $50,000–$250,000 and half of the remaining balance, while the children split the rest.

• Children Only: If there is no surviving spouse, the children are equal "firsts" in line. This includes biological children and legally adopted children, but not stepchildren (unless they were legally adopted).

2. Moving Up the Tree: If the Immediate Circle is Empty

If there is no spouse and no children, the line doesn't go "sideways" to siblings yet. It goes up.

• Parents: If you die without a spouse or kids, your parents are next in line. They split the estate 50/50.

• Siblings: If your parents have also passed away, the line finally moves sideways to your siblings. This includes "half-siblings," who in most states have the same legal standing as "full" siblings.

3. The "Ghost" Spot: What is Per Stirpes?

What if the person who is supposed to be first in line (like an eldest son) died before the person whose estate is being settled?

The law uses a "placeholder" system. That deceased son’s children (the grandchildren) step into his "spot" in line. They don't lose their place; they simply split whatever their father would have received.

4. Who Is Legally "Invisible" to the Line?

One of the biggest shocks for families is finding out who the law completely ignores when there is no Will. These people have zero standing in the line of succession:

Unmarried Partners ▻ No matter how many years you lived together, you are "legal strangers."
Step-children ▻ Unless legally adopted, they have no right to the estate.
Close Friends ▻ No matter how "like family" they were, they cannot inherit.
In-Laws ▻ Mother-in-laws or brother-in-laws are never in the primary line.

5. The "Non-Probate" Shortcuts

It is important to remember that some things skip the line entirely. These assets go to whoever is named on the paperwork, regardless of what the state's hierarchy says:

• Joint Accounts: If a bank account is "Joint with Right of Survivorship," the other person on the account gets the money immediately.

• Named Beneficiaries: Life insurance policies, 401(k)s, and IRAs go to whoever is named on the form. If you named an ex-spouse 20 years ago and never changed it, they are "first in line" for that specific asset, even without a Will.

6. The End of the Line: "Escheat"

If a person dies and the court cannot find a single living relative—no matter how distant—the line ends at the government’s door. This is called Escheat. The state takes ownership of all assets. This is rare, as "heir hunters" will often search for even the most distant third cousins to keep the money in the family tree.

The Final Reality Check

Without a Will, you don't get to choose who is "first." The state's flowchart is your only map. If you want a step-child, a partner, or a charity to be in that line, the law requires you to put it in writing.

Let’s Get You the Right Protection

You wouldn’t buy a home without an inspection; you shouldn't leave your legacy without a plan. While we can help you value your home and navigate the market, you need a legal expert to ensure your "line of succession" is exactly how you want it.

We work closely with some of the most reputable estate planning law firms in Minnesota. These are specialists who understand how to protect your home from probate and ensure your family isn't left in a legal tangle.

Reach out if you would like us to send you the contact information for our top-recommended estate planning firm. We’d be happy to make a personal introduction to ensure you're taken care of.