No one likes to think about what happens after they pass away, but preparing for it is one of the most thoughtful things you can do for your loved ones. If you die without a Last Will and Testament, you’re said to have died intestate, and that means the laws of your state, not your wishes, determine what happens next.
Here’s what you need to know about the consequences of dying without a will in the United States.
1. State Laws Decide Who Inherits Your Assets
When someone dies intestate, state laws dictate how their property is distributed. While specifics vary by state, the general order of priority often looks like this:
- Spouse
- Children
- Parents
- Siblings
- Extended family (nieces, nephews, cousins)
If you have no surviving relatives, your property may eventually go to the state.
2. The Court Appoints an Executor
Without a will, you don’t get to choose who manages your estate. Instead, the court will appoint someone, often a close relative, to act as the administrator. This person may not be who you would have selected, and their role can be more complicated without clear guidance.
3. Guardianship for Minor Children is Unclear
If you have minor children and no will, the court will decide who becomes their legal guardian. While the court aims to act in the best interest of the child, it may not align with what you would have wanted.
4. Your Final Wishes May Not Be Honored
Without a written will, there’s no guarantee that your personal wishes—such as who receives sentimental belongings, funeral preferences, or charitable donations—will be followed. Verbal conversations or handwritten notes may not hold up in court.
5. The Probate Process Can Become More Complicated
Probate is the legal process of settling an estate. Without a will, this process can take longer, cost more, and lead to disputes among family members. Uncertainty about your intentions can also create tension during an already difficult time.
How to Avoid This Situation
The answer is simple. Create a will! By doing so, you will ensure that:
- Your assets are distributed according to your wishes
- You name the person who will manage your estate
- Your children have a guardian you trust
- The probate process is smoother and more cost-effective
With MyKeyDocs, you can create a will within minutes. No need to worry about subscriptions, just one and done and your will is yours!
Final Thoughts
Dying without a will leaves your legacy up to chance. By taking a little time to create a Last Will and Testament, you can protect your loved ones from legal complications and emotional stress. It’s a simple, powerful step that gives you control over your future and peace of mind today.
