What happens if someone dies without a will?

Understanding Intestacy: What Happens When There’s No Will?

Imagine a loved one passing away without a will. Who gets their assets? Who makes decisions about their estate? Many people assume their belongings will automatically go to their closest family members, but without a will, state laws dictate what happens.

Dying without a will is legally known as dying intestate. When this happens, the estate goes through intestate succession, a legal process where state laws determine who inherits assets. Let’s break down how this works and what you can expect if a loved one (or you) passes away without a will.

What Is Intestate Succession?

Intestate succession is the legal process that decides who inherits the deceased’s assets when there’s no will. Each state has its own intestacy laws, but in general:

• Spouses and children are first in line to inherit.
• If there are no direct descendants, parents and siblings may receive the estate.
• If no immediate family members are alive, the estate may pass to distant relatives, such as nieces, nephews, or cousins.
• If no heirs exist, the estate escheats to the state, meaning the government takes ownership.

Who Inherits What?

Inheritance depends on family structure. Here’s how most states distribute assets:

• Married with children: The estate is typically divided between the surviving spouse and children.
• Married without children: The spouse usually inherits everything, though in some states, parents or siblings may receive a portion.
• Single with children: The children inherit everything in equal shares.
• Single with no children: Parents, then siblings, then extended family members inherit in that order.
• No living relatives: The state claims the estate.

What Happens to Bank Accounts, Property, and Other Assets?

Some assets are affected by intestacy laws, while others pass directly to named beneficiaries:

• Bank accounts: If there’s no co-owner or payable-on-death (POD) designation, the funds become part of the estate.
• Real estate: Property ownership determines inheritance; joint tenancy or transfer-on-death deeds can override intestate laws.
• Retirement accounts & life insurance: These typically go directly to named beneficiaries, regardless of a will.
• Personal belongings & valuables: These are distributed according to state intestacy laws.

The Probate Process Without a Will

When someone dies intestate, their estate must go through probate, a court-supervised process of distributing assets. Here’s what typically happens:

1. The Court Appoints an Administrator

Without a will, there’s no named executor. The court appoints an administrator, usually a close family member, to manage the estate.

2. Identifying and Valuing Assets

The administrator must locate and assess all assets, including bank accounts, property, and personal belongings.

3. Paying Debts and Taxes

Outstanding debts, funeral costs, and taxes must be paid before distributing assets to heirs.

4. Distributing the Estate

Once debts are settled, the remaining assets are distributed according to intestacy laws.

Complications of Dying Without a Will

Dying intestate can lead to challenges, including:

• Family disputes: Without clear instructions, relatives may argue over inheritance.
• Delays in asset distribution: Probate can take months or even years.
• Higher legal costs: Attorney fees and court costs can reduce the estate’s value.
• Unintended beneficiaries: State laws may give assets to people the deceased wouldn’t have chosen.

How to Prevent These Issues

Creating a will ensures your wishes are honored. Here’s how to get started:

1. List Your Assets: Take inventory of your finances, property, and valuables.
2. Choose Beneficiaries: Decide who should inherit your assets.
3. Name an Executor: Select a trustworthy person to manage your estate.
4. Draft a Will: Use an attorney or an online service like LegalZoom or Nolo.
5. Sign and Store Safely: Ensure the will meets state requirements and keep copies in a secure place.

FAQs About Dying Without a Will

1. Can the government take everything if there’s no will?

Only if there are no legal heirs. Most estates are distributed to family members before the state claims them.

2. How long does probate take without a will?

It varies, but probate can take 6 months to 2 years, depending on estate complexity and legal disputes.

3. What happens to minor children if parents die without a will?

A court decides guardianship based on the child’s best interests. Naming a guardian in a will prevents uncertainty.

4. Can a surviving spouse be disinherited if there’s no will?

Unlikely. Most states protect spouses by giving them a portion of the estate, even if the deceased wanted otherwise.

5. What happens to debts when someone dies without a will?

Debts are paid from the estate before heirs receive their inheritance. If debts exceed assets, the estate may be insolvent, and creditors may not be fully repaid.

Final Thoughts: Protect Your Loved Ones With a Will

Dying without a will leaves your estate’s fate in the hands of state laws, which may not align with your wishes. Creating a will is a simple yet powerful way to protect your loved ones and ensure your assets are distributed according to your intentions.

Ready to Make a Will?

Don’t leave your family’s future to chance. Consult an estate planning attorney or use an online will service today!