Dying Intestate: The Effects of Dying without a Will

You may not think you have enough money to require a will, or that without a will all of your money will just go to your spouse. But your estate may undergo unforeseen changes, perhaps adding a settlement from a wrongful death suit, and if you die without a will or a trust, your money is unlikely to go where you expect or would like. Controlling what happens to your estate upon your death is an essential part of estate planning.

If you die without a will, also known as "intestate," your property will be divided according to the "rules of intestate succession" for your state. These rules rarely match what people expect. Most people assume that their spouse inherits everything. But usually, if you die intestate, your spouse inherits only half of your estate. The other half is divided among your children and other relatives.

In most states, stepchildren and non-married partners do not inherit at all under the rules of succession. If you do not make a will to protect your loved ones, your estate may go to people you would not have chosen. And if you have no heirs, your estate will go to the state, rather than to a charity or other worthy cause.

If you do not have a will, your estate must still go through probate. During probate, the court will determine who your heirs are and how your estate should be divided among them. Probate is already an expensive and drawn-out process, and dying intestate can only make it slower and more costly.

Making a will is straightforward, and can even be done with a do-it-yourself book. A living trust is more complicated and will probably require the assistance of a lawyer. Either way, you have peace of mind, knowing that your loved ones will receive what they need from your estate, and that your property will be distributed as you would have wished.