Dying Without a Will: Who Gets Your Stuff and Why You Should Care

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Despite being easy and inexpensive to create, most Americans don’t have a will. Without one, the court decides how your assets are distributed through a process called intestacy, which may lead to unintended outcomes or conflicts among loved ones.

Intestacy: What Happens When You Die Without a Will

Dying intestate means the court manages your estate—money, property, and belongings—according to local laws. Jointly owned accounts or life insurance with beneficiaries bypass this process, but most assets go through probate, which can be lengthy and costly.

Who Inherits When You Die Intestate?

The distribution of your estate depends on marital status and surviving relatives.

If You Are Single

  • No children or parents: Assets go to siblings or their descendants.
  • Parents alive: Assets divided equally between them.
  • One parent alive: Surviving parent gets everything.
  • No siblings or parents: Assets pass to extended family (grandparents, aunts/uncles, cousins).
  • No living relatives: Estate may go to the state.

If You Are Married

  • Spouse only: Spouse inherits everything.
  • Spouse and children: Estate split between spouse and children.
  • No children, surviving parents: Spouse gets most; parents get a portion.
  • No children, no parents: Spouse inherits all.

If You Are in a Domestic Partnership

Not all states recognize domestic partnerships. States that do include: California, Oregon, Nevada, Maine, and Washington. In other states, assets may go to biological family members.

Non-Probate Assets

Certain assets bypass probate or intestacy and pass directly to beneficiaries:

Understanding the Intestacy Process

Probate courts appoint an administrator to manage the estate. Duties include:

  • Identify and evaluate assets
  • Pay debts and taxes
  • Distribute remaining assets per state intestacy laws

Without a will, this process can take longer, increase legal fees, and reduce inheritance for beneficiaries.

Potential Tax Implications

Intestacy may result in higher inheritance taxes because no tax-saving strategies are applied. Consulting a tax professional can help minimize these liabilities.

Increased Complexity for Tax Filers

Beneficiaries may face longer, costlier tax preparation. Asset identification and valuation are more difficult, leading to increased tax burdens.

Create a Will or a Living Trust

Creating a will ensures your assets, including digital accounts, go to your chosen beneficiaries. Writing a will is easier than you think.

A living trust allows assets to transfer directly to beneficiaries without probate, giving additional control over your estate.

Taking Control Now Matters Most

Taking control of your estate protects your loved ones and ensures your wishes are honored. A will prevents unnecessary court involvement, reduces legal complications, and gives you peace of mind.

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