When a person passes away without a will, the legal term for that is dying “intestate,” so a court, called a probate court, takes charge of the distribution of that person’s assets according to state law.
Intestate succession
Without a will, the court will distribute the person’s assets according to that state’s intestate laws, which vary from state to state but often have some elements in common. For example, in many states:
- If the person who passed away had a spouse and no children, everything goes to the spouse.
- If the person who passed away had a spouse and children, the court may divide everything between the spouse and the children.
- The court may distribute their assets to the parents or siblings if the deceased person had no spouse or children.
Why is a will necessary?
Drafting a will and keeping it up-to-date is crucial because it allows you to make decisions about your assets, healthcare and other critical end-of-life matters.
In addition, going through probate court can take a very long time and be costly. There is always the possibility that a family member will dispute the court’s decision, which can make the process even longer.
Avoiding probate
Create an estate plan and a legally binding will to avoid the uncertainties of dying without a will. Attorneys with extensive experience in this area can help ensure your will is legally binding and protected.