What Happens If You Die Without a Will?

EstatePlanning-Funding-Trusts

What Happens If You Die Without a Will?

When it comes to planning for the future, many people delay writing a will, often underestimating the consequences of passing away without one. If you die without a valid will in place—a situation legally known as "intestate"—the distribution of your assets and the management of your estate may not go as you would have wished.

Let’s explore what happens when you die without a will and how it could impact your loved ones.

1. The State Decides Who Inherits Your Assets

If you pass away without a will, your estate will be distributed according to your state’s intestacy laws. These laws vary by state, but generally, your assets are divided among your closest relatives. This often follows a standard hierarchy:

·        Spouse and Children: In many states, your spouse and children receive the bulk of your estate. If you are married and have children, your assets may be split between them, potentially leaving your spouse with less than you might have intended.

·        No Spouse or Children: If you have no spouse or children, your assets will typically go to your parents or siblings. If none are living, more distant relatives, such as nieces, nephews, or cousins, will inherit your estate.

·        No Known Relatives: If you have no living relatives and no will, your estate may "escheat" to the state, meaning the government claims your assets.  But practically, we use “heir hunting” firms and we will find relatives – you just may not know them.

2. The Court Appoints a Guardian for Minor Children

One of the most significant consequences of not having a will is that the court, not you, will decide who becomes the guardian of any minor children. Without a will designating your preferred guardian, a judge will make this decision based on what the court deems to be in the child’s best interests. The person chosen may not be who you would have selected, potentially causing emotional distress and family disputes.

3. Estate Administration and Probate Court

Without a will, the probate court will appoint an administrator to handle your estate. This administrator may not be someone you trust, and they will have to follow strict legal guidelines when distributing your assets. The process can be time-consuming, costly, and complicated, often resulting in delays before your heirs receive their inheritance.

Additionally, probate fees and court costs can significantly reduce the total value of the estate. Having a will allows you to appoint an executor of your choice, simplifying the process and reducing the burden on your family.

               (Click here for probate calculator to see what probate would cost your family) (Use the total value of your assets – do not deduct your debts.  You’ll be amazed at how expensive probate is!)

               https://www.michellegofflaw.com/florida-probate-calculator

               https://www.michellegofflaw.com/california-probate-calculator

4. Your Personal Wishes May Be Ignored

If you die intestate, there’s no guarantee that your personal wishes will be honored. For example, if you wanted to leave certain assets to friends, charities, or distant relatives, those intentions won’t be recognized without a legally binding will. The court strictly follows state laws, and there is no room for interpretation based on verbal promises or preferences expressed informally.

5. Unmarried Partners May Receive Nothing

If you are unmarried but have a long-term partner, they will not automatically inherit any portion of your estate if you pass away without a will. Intestacy laws typically recognize only legal spouses, which means your partner could be left without any financial support or claim to shared property. A will ensures that your partner receives the assets and support you intended for them.

Take Control of Your Estate Planning

Dying without a will can leave your loved ones facing legal battles, family disputes, and financial hardship. By creating a will, you can:

Ensure your assets are distributed according to your wishes.

Appoint guardians for your minor children.

Provide for your spouse or partner.

Minimize the time and costs associated with probate.

Taking the time to create a will is one of the most important steps you can take to protect your loved ones and ensure your wishes are carried out after you’re gone.

Need Help with Estate Planning?

If you’re ready to take control of your estate, our firm can help you draft a comprehensive will that reflects your unique needs. Contact us today for a consultation and ensure that your family and assets are protected.

Don't leave the future of your loved ones to chance. Create your will today and secure peace of mind.

Safeguarding your family throughout California, Colorado, and Florida

Call 719-424-3321 to schedule a chat with one of us!