What happens if someone dies without a will?

State law uses a default will for anyone who dies without a will. Typically, the spouse and children of the person who died take the property. If there is no spouse and no children, the decedent’s parents take the property, followed by siblings, grandparents, and children of the grandparents. If no close relation can be found, the property eventually belongs to the state. Note, though, that as part of the probate process, the decedent’s creditors lay claim to the property after certain allowances for spouse and children.