2. Learn what happens if you have children

The intestacy rules only apply to your biological and adopted children. The rules don’t apply to stepchildren you haven’t legally adopted.

If you have children and no legally married spouse, and you die without a will, your children share your estate equally after all funeral expenses, taxes, and debts are paid.

If any of your children die before you, each child’s share is divided equally among their children. If your child dies before you and they don’t have any children, then their share becomes part of the residue of your estate.