Understanding Intestate Succession: What Happens When You Die Without a Will

The best way to ensure that your wishes are carried out after your death is to draft a will. However, many people put off writing a will and estate planning, especially if they are young and healthy or don’t have many assets. So, what happens if you die without a will? 

When someone dies without a valid will in place, also known as dying intestate, the courts in their state of residence will distribute their property and other assets. Although the specific intestate succession laws are similar in most states and usually prioritize close family relatives to be beneficiaries, the distribution amounts may vary. 

The following is a general overview of how states might divide your inheritance, depending on your situation.

Spouse Only

If you were married but did not have any children, your spouse will most likely receive all your assets. Some states might require the spouse to share with your parents and siblings, however, which could lead to some family disputes.

Spouse and Children

For those who leave behind a spouse and children, most states will distribute your estate between them, depending on whether your children are minors or adults. In cases where you share all your children with your spouse (i.e., you do not have children from a previous relationship), your spouse would likely get a larger share of the inheritance, if not all of your estate.

Children Only

Your children (both biological and adopted) would most likely inherit your entire estate, distributed equally, if you do not have a spouse. Although this type of equal distribution might be fine, there could be cases where you might prefer a more equitable distribution among your children, especially if you have a special needs child or a child who would benefit from more financial help. Making a will is the only way to guarantee your estate is distributed the way you want.

No Spouse and No Children

In the absence of a spouse or children, the courts will seek out your closest relatives. Generally, the order of distribution would go:

• Parents
• Siblings
• Nieces and nephews
• Grandparents
• Aunts, uncles, and cousins

No Living Relatives

Without any near or distant living relatives, the state would probably take ownership of your assets. Even if you have a romantic partner who you are not married to, stepchildren from a previous relationship, close friends, or charities you support, none of these are eligible to inherit, based on intestate succession laws.

Get Help With Your Will Today

If you’ve been putting off writing your will but want to make sure your wishes are known when it comes to the distribution of your estate, set up a free consultation with the Estate Planning Group at Lonich Patton Ehrlich Policastri. We have years of experience in helping our clients consider all the ins and outs of writing a will, including tax considerations, setting up trusts, choosing guardians for minor children, and more. Having everything in place before you need it will simplify the process for your loved ones and ensure you can provide for them as you see fit. Don’t wait. Get help with your will today.

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.