Dying Without a Will: Understanding Intestate Succession
Did you know that passing away without a will can affect how your assets are distributed? Even if you’re married? It’s true. A will is used to direct the state how to distribute your property that hasn’t already been assigned a beneficiary or is jointly held with survivorship rights. If you don’t have a will, then the state will step in and decide who gets what through a process called intestate succession. This can lead to unintended and sometimes heartbreaking consequences.
What is Intestate Succession?
It’s a set of laws unique to each state that lays out a predefined order of inheritance. This typically means closest relatives first, such as a spouse, children, or parents, but not always in the way you might expect or prefer. For example:
If you're married with children - Some states will allow the spouse to only receive a portion of the estate, with the rest going to the children. This can apply also if there are no children but there are living parents.
If you have a blended family - Most states divide assets between the spouse and the biological or legally adopted children. Stepchildren are not automatically entitled to inherit anything.
If you’re single with children - Your children typically inherit everything equally. If they are minors, the court will appoint someone to manage their inheritance until they reach adulthood.
If you’re single with no children - The state will go to great lengths to find an heir if initially there are no living parents, siblings, or grandparents. This means your estate could go to distant relatives you don’t even know. If no relatives can be found, your assets will go to the state.
Real-Life Examples
Second Marriage - John was married to his second wife, Linda, and had children from his first marriage. When he passed away without a will, the state divided his assets between Linda and his children. Unfortunately for Linda, she had to sell their home because she couldn’t afford to buy out the children’s shares.
The Unintended Beneficiary - Sarah had been estranged from her father for decades. When she passed away with no will and no children, her estate went to him, even though she would have preferred to leave it to a close friend who had been like family.
The Unmarried Partner - Susan and Steve had been in a committed relationship for 15 years. When Steve suddenly passed away without a will, Susan was shocked to learn she was not entitled to any of Steve’s assets. Instead, everything went to his siblings.
Don’t Wait Until It’s Too Late
Depending on your state’s default rules is often far from ideal, and an unexpected passing is more common than most people know. The consequences of dying without a will means giving up all control - possibly hurting those you meant to take care of or providing an unexpected bonus to those you have no relationship with.
Creating a will is one of the best ways to ensure your assets will go where you want them to.