Why You Need a Will: Understanding the Risks of Dying Intestate
Every day, people pass away without a will or estate plan in place. The reasons vary—some avoid thinking about death, others assume they have plenty of time, and many believe they don’t have enough assets to make a will worthwhile. However, dying without a will—known as dying intestate—can have serious consequences for your loved ones and your estate.
What Does It Mean to Die Intestate?
Dying intestate means you’ve passed away without a legal will or estate plan. In this situation, the laws of your state, along with the probate court, step in to determine how your assets are distributed. Your “estate” includes everything you own at the time of your death—personal property, bank accounts, retirement funds, and real estate. Any real estate is subject to the intestacy laws of the state where it’s located.
The way your estate is divided depends entirely on your family situation at the time of death—and it may not reflect your personal wishes.
How an Intestate Estate Is Divided
When someone dies without a will, the probate court appoints an executor to manage and distribute the estate. Most states follow the Uniform Probate Code, which outlines a standard approach to distributing assets. However, it’s important to consult a local attorney, as state laws can vary.
Here’s how distribution generally works:
- If you have a spouse and no children, your spouse usually inherits everything.
- If you have a spouse and children with that spouse, your spouse typically inherits the entire estate.
- If you have children from a previous relationship, your current spouse and your children will likely split the estate—often half to the spouse and half to the children.
- If you have no spouse but have children, the children divide the estate equally.
- If one of your children has passed away, their share usually goes to their children (your grandchildren).
- If you have no spouse or children, your parents inherit your estate.
- If your parents are deceased, your siblings inherit the estate.
- If your siblings have also passed, their children inherit the shares.
A Critical Note for Unmarried Partners
For unmarried couples, the lack of a will can be particularly devastating. In most states, a surviving partner has no legal right to inherit unless explicitly named in a will. Without one, everything goes to the deceased’s legal family—leaving the surviving partner with nothing.
When No Heirs Are Found
In the rare case where no relatives can be located, the state ultimately claims the estate. This process, known as escheat, is the final outcome when no legal heirs exist.
The Bottom Line
Creating a will isn’t just for the wealthy or elderly. It’s a vital tool for protecting your loved ones, ensuring your wishes are honored, and avoiding the complications of intestate succession. Don’t leave it to the courts—make a plan that reflects your values and intentions.
These legal topics are provided to you by the President of QMC, Mark Easley. While QMC does not engage in the practice of law, Mr. Easley has practiced estate planning and elder law for over 30 years and is currently the principal at the Elder and Estate Planning Law Firm of St. Louis.