The plan you didn’t know you had
Only about one in four Americans has a will, according to a 2025 Caring.com survey. The most common reason people give for not having one: they just haven’t gotten around to it.
Here’s the catch. If you don’t have a plan, your state already wrote one for you. In Pennsylvania and New Jersey, it’s spelled out in the law, and it may not look anything like what you’d have picked.
Who gets my money if I die without a will?
The state’s formula decides. It starts with your spouse, then your children, then your parents, and keeps going down the family tree from there.
One thing to know up front: this formula only covers what passes through your estate. Accounts with a named beneficiary, like a 401(k), an IRA or life insurance, generally follow their own forms instead. (More on that in Your Will Doesn’t Decide Who Gets Your 401(k) [LINK TO BENEFICIARIES PILLAR].)
Doesn’t everything just go to my spouse?
Often, no.
- Pennsylvania: If you have kids together, your spouse gets the first $30,000 plus half of the rest. The kids split the other half. If you have children from a prior relationship, your spouse gets half, period.
- New Jersey: If all your kids are also your spouse’s kids (and your spouse has none from another relationship), your spouse generally gets everything. If either of you has kids from another relationship, your spouse gets the first 25% (no less than $50,000 and no more than $200,000) plus half of what’s left, and your descendants get the rest.
Say you live in Pennsylvania, you’re married with two kids together, and $500,000 passes through your estate. Your spouse gets $265,000. Each child gets $117,500. If those kids are 8 and 11, that’s where it gets complicated.
Who raises my kids?
If both parents are gone and no guardian was named, a court decides who raises them, based on what it thinks is best. Family members who disagree can end up making their case in front of a judge.
What happens to money left to a minor?
A child generally can’t receive an inheritance directly. In Pennsylvania, a court-appointed guardian may have to manage it, with paperwork and often a bond. Smaller amounts can go into a restricted account that only a court order can tap, until the child takes control of it at 18.
Who gets left out?
- Unmarried partners: Under Pennsylvania intestacy law, they receive nothing.
- Stepchildren: In Pennsylvania, stepchildren you never legally adopted don’t automatically receive a share.
Who’s in charge?
Nobody, until someone asks the court. A family member petitions to become the administrator, and relatives with an equal right may have to sign off or be notified. Pennsylvania requires most administrators to post a bond. In New Jersey, a bond is often required for estates over $50,000.
Where that leaves you
I’m not going to tell you what documents you need in a blog post. The right answer depends on your family, what you own, and how it’s titled, and getting all of it to line up is where we can actually help.
So here’s the question: if the state’s plan kicked in tomorrow, is that the plan you’d have picked for your family?
You know where to find me.
Sources
- About one in four Americans has a will (24%); “haven’t gotten around to it” as the top reason: Caring.com, “2025 Wills and Estate Planning Study”
- Pennsylvania surviving spouse’s share: 20 Pa.C.S. § 2102
- New Jersey surviving spouse’s share: N.J.S.A. 3B:5-3
- Pennsylvania stepchildren not automatically included: Nolo, “Intestate Succession in Pennsylvania”
- Court decides guardianship of minor children; unmarried partners receive nothing; administrator petitions the court; bond in most cases: The Ginsburg Law Group, “No Will in PA? Here’s What Happens” (Feb. 2026)
- Guardian of a minor’s estate, bond, restricted accounts released at 18 (Bucks County procedures): Karen Ann Ulmer, P.C., “Guardian of Estate of a Minor”
- New Jersey administration, renunciations and bond over $50,000: New Jersey Surrogate, “Administration of Estate (No Will)”