Most people think that if they die, things will “just work out.” They assume their spouse will inherit everything, their kids will be fine, and their family will “know what to do.” The truth is, if you die without a will, the reality is much more complicated and often much less positive.
Attorneys such as our friends at The J M Dickerson Law Firm know that having a comprehensive estate plan in place is a crucial part of securing your future and the future of your family.
In this article, we’ll explore:
- What it means to die “intestate”
- Who inherits what without a will
- What happens to your kids
- The financial and emotional cost to your loved ones
- Why a simple will can prevent a world of pain
Dying Interstate
Dying intestate means you pass away without a valid will.
And when that happens, your state’s intestacy laws take over. These laws decide:
- Who inherits your stuff
- In what percentages
- Who gets appointed to handle your estate
- Who becomes the guardian of your children
These laws are generic. They don’t account for your wishes, your values, your family dynamics, or other considerations unique to your family and your situation.
Determining Inheritance Without A Will
Let’s look at a few common scenarios and what might happen if someone in these situations were to pass away without a will.
Scenario A: Married, No Kids
You might assume your spouse gets everything. But in many states, your parents—or even siblings—may be entitled to a share, and determining what that picture looks like is complicated.
Scenario B: Married, With Kids
Your children may inherit a portion immediately—even if they’re minors. That can force the sale of your home or freeze bank accounts. Also, a court-appointed conservator may be required to manage their share until they turn 18.
Scenario C: Not Married, Longtime Partner
Your partner—who’s been by your side for 20 years—gets nothing. That’s right. Nothing. Intestacy only recognizes legal relationships.
Scenario D: Blended Families
Your biological children may inherit before your stepchildren—even if you raised them from birth. Without a will, your intentions don’t count. Only biology does.
The Court’s Decision
With a will, you get to name your executor—the person who pays your debts and distributes your assets.
Without a will, the court picks someone. That could be:
- A family member you may or may not trust
- Multiple relatives fighting over the role
- A public fiduciary who never met you
The person that the court selects has to post a bond, take training, and report to the court regularly, which can be an unwanted burden during a time of mourning.
What Happens To Your Children
If you have minor children and no will:
- A court decides who becomes their legal guardian
- Family members may fight over custody
- A stranger (the judge) makes the final call
In the meantime, your kids could end up in temporary foster care—even if a loving family member is ready to take them in. One simple clause in your will naming a guardian can prevent all of this.
The Financial Fallout Of Intestacy
Without a will, your estate:
- Must go through probate, which is public, slow, and costly
- May incur additional legal fees to resolve disputes or locate heirs
- Could result in forced asset sales to divide property
- Might be subject to higher tax exposure without proper planning
All of this drains time, money, and emotional energy from the people you love most.
How To Get Started—Today
Starting on your estate plan as soon as possible is important. A wills lawyer can help you get the process started. If you are ready to create a will, take these crucial steps:
- Make a list of your assets.
- Decide who you want to receive them.
- Name an executor you trust.
- Name guardians for your minor children or dependents.
- Meet with an estate planning attorney to draft your will.
A Will Is Your Voice—Don’t Leave Silence Behind
Dying without a will doesn’t just complicate matters—it silences your voice. Your legacy—your values, your people, your story—deserves more than silence. It deserves clarity. It deserves protection. It deserves your direction. Don’t let the state write your final chapter. With the help of an attorney, you can make the important decisions that will impact your future and the future of your family and friends.