What Happens if I Die without a Will?

If you die without a will, it means you have died “intestate.” The specific consequences of dying intestate can vary depending on the laws of the state where you live, but here are some common outcomes:

Distribution of Assets: Your assets will be distributed according to the intestacy laws of your state. These laws typically prioritize your closest relatives, such as your spouse and children. If you have no immediate family, more distant relatives may inherit your estate.

Appointment of an Administrator: The court will appoint an administrator to manage and distribute your estate. This person may be a close family member or a public trustee. The administrator will have similar responsibilities to an executor named in a will, but they must follow the rules of intestacy.

Guardianship of Minor Children: If you have minor children and no surviving co-parent, the court will appoint a guardian for them. This may not align with your wishes if you have not specified your preference in a will.

Delays and Costs: The process of administering an intestate estate can be longer and more expensive than if there were a valid will. This can reduce the amount of the estate available to your heirs/beneficiaries.

Disputes: Without a will, there may be more potential for disputes among your relatives about how your estate should be divided. This can lead to family conflicts and legal battles.

Unintended Beneficiaries: If you have no close family, your estate may go to relatives you have little or no relationship with, or maybe it will go to people you were close to by blood but have not spoken to in 20 years and did not want your estate to go to. In some cases, if no relatives can be found, your estate might even go to the state.

Creating a will can help ensure that your assets are distributed according to your wishes, reduce potential conflicts among your heirs, and provide for the care of your minor children.

Don’t leave your estate to chance. Reach out to Wilson Law today to ensure your wishes are honored and your loved ones are protected. Call us at 866-603-5976 or fill out our contact form and we will be in touch to schedule a meeting.