Understanding Intestacy
When someone dies without a valid will, they are said to have died "intestate." This means that state law, rather than the individual's wishes, determines how their assets are distributed. Each state has its own intestacy laws, which typically prioritize spouses and children, followed by other relatives.
How Assets Are Distributed
In most states, if you die without a will and are married with children, your spouse may receive between one-third and one-half of your estate, with the remainder divided among your children. If you are unmarried, assets typically pass to children first, then parents, then siblings.
The Probate Process Without a Will
Without a will, the court must appoint an administrator to manage your estate. This process can be more time-consuming and expensive than probate with a valid will, as the court must determine heirs and oversee distribution according to state law.
Protecting Your Family
The simplest way to ensure your wishes are honored is to create a valid will. Even a basic will provides clarity for your family and can significantly reduce the stress and expense of estate settlement.