Estate Planning | Nici Law Firm

What Happens If You Die Without a Will? (Spoiler: It’s Not Ideal)

James Nici

It’s easy to put off estate planning. No one likes to think about their own mortality, and writing a will may seem like something you can do “later.” But what happens if “later” never comes? What actually happens if you die without a will?

The short answer: the state takes over—and the results may be very different from what you would have wanted.

Let’s break it down.

Dying “Intestate”: What It Means

If you pass away without a valid will, you are said to have died intestate. This means the probate court will apply your state’s intestacy laws to determine who gets your assets, who takes care of your minor children, and who will administer your estate.

The court doesn’t consider your personal relationships, preferences, or unique family dynamics. Instead, it follows a strict legal formula—one that might not reflect your wishes.

Here’s What That Could Look Like:

1. Your Assets May Go to the “Wrong” People

State law typically distributes assets to your closest relatives, starting with your spouse and children. But what if you’re unmarried, have a blended family, or are estranged from certain relatives? Too bad—without a will, the law doesn’t ask questions. That sibling you haven’t spoken to in a decade might end up inheriting everything.

2. The Court Chooses a Guardian for Your Children

If you have minor children and no will naming a guardian, the court will decide who raises them. Even if you have a clear idea of who would provide the best care, the court doesn’t know that unless you’ve put it in writing. This can lead to family disputes and unnecessary trauma for your children during an already difficult time.

3. You Lose Control Over Who Manages Your Estate

A will allows you to name an executor—someone you trust to handle your affairs. Without one, the court appoints an administrator. It may not be the person you would have chosen, and they may not have the experience or understanding to manage things efficiently.

4. It Can Be More Time-Consuming and Expensive

Dying intestate often makes the probate process more complex and costly. The lack of clear instructions can lead to delays, higher legal fees, and conflict among heirs.

Don’t Let the State Decide for You

Creating a will (and a complete estate plan) gives you control over your legacy. It allows you to:

Decide who inherits your assets
Name guardians for your children
Choose someone you trust to manage your estate
Minimize conflict and court involvement

It’s not just about money—it’s about peace of mind for you and your loved ones.

Take the First Step Today

At Nici Law Firm, we make estate planning approachable and easy to understand. Whether you’re starting from scratch or updating existing documents, we’re here to guide you every step of the way.

Don’t let the state write your plan for you.

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