What Happens If You Die Without a Will?
A practical guide to intestacy and why the state’s default plan may not match your wishes.
Dying without a valid will is called dying intestate. It does not mean the state automatically takes everything. It means state law—not you—decides who receives probate property and who has priority to administer the estate. WHAT INTESTACY CONTROLS. Intestacy applies only to property in the probate estate. A retirement account with a valid beneficiary designation, a jointly owned home with survivorship rights, or an account with a payable-on-death designation ordinarily passes outside the will. Property owned only in the deceased person’s name, with no effective transfer arrangement, is more likely to be governed by intestacy. THE DEFAULT PLAN MAY SURPRISE YOU. Intestacy statutes cannot account for every relationship or priority. An unmarried partner, close friend, unadopted stepchild, or favorite charity may receive nothing. Minor beneficiaries may inherit under court supervision and eventually receive funds outright rather than under a carefully designed trust. STATE-SPECIFIC EXAMPLES. Illinois provides a clear example: if an Illinois resident dies with both a spouse and descendants, the probate estate is generally divided one-half to the spouse and one-half to the descendants, per stirpes. If there is a spouse but no descendant, the spouse generally receives the probate estate. Minnesota and Wisconsin also use statutory family trees, but the surviving spouse’s share can depend on whether either spouse has descendants from another relationship. Blended families therefore require particular care. WHO HANDLES THE ESTATE? Without a will, no executor or personal representative has been nominated. A court must appoint someone under statutory priority rules. That person may be capable, but the process can create delay or disagreement. PARENTS LOSE AN IMPORTANT OPPORTUNITY. A will is generally used to nominate guardians for minor children. A court must still act in each child’s best interests, but a thoughtful nomination provides important written guidance. THE BOTTOM LINE. Intestacy is a safety net, not a personalized plan. A coordinated estate plan should address the will, powers of attorney, beneficiary designations, account ownership, and—when appropriate—a trust. This article provides general educational information and is not legal advice. Consult a qualified attorney about your specific circumstances.
