What Happens to Your Property When You Die Without a Will

If you're wondering how to make a will, the short answer is: choose a format (template, online tool, or attorney), name your beneficiaries and executor, designate a guardian if you have minor children, and sign it according to your state's requirements. But before you start, it's worth understanding what happens if you don't. Most people put off writing a will because thinking about death is uncomfortable, and because it feels like something you do when you're older, wealthier, or more settled. The problem is that none of those things are actually requirements. A will isn't a document for a specific stage of life. It's the only way to control what happens to your belongings, your money, and in some cases your family after you're gone.

If you die without one, state intestacy law decides for you.

When someone dies without a valid will, the legal term is dying "intestate." At that point, your state's intestacy laws take over and distribute your estate according to a fixed formula. The formula varies by state, but the outcome is usually the same: assets flow to your closest relatives in a predetermined order, regardless of your actual wishes.

A last will and testament is a legal document that lets you specify, in writing, what you want to happen when you die. It covers several things at once.

Who inherits your assets. Your home, your savings, your car, your personal belongings, your investments. You decide who receives each, and in what proportion, rather than leaving it to a formula written by legislators who didn't know you.

Who serves as executor. This is the person responsible for carrying out your wishes after your death. Without a named executor, a court will appoint one. Choosing someone you trust means the process is handled by someone who understands what you wanted and can navigate it without friction.

Who becomes legal guardian of your minor children. This is probably the most important thing a parent with young kids can do. Without a named guardian, a court decides who raises your children. The court will try to act in their best interest, but it doesn't know your family the way you do.

A will can also include instructions about funeral arrangements and specific personal items that have sentimental value but wouldn't otherwise be addressed.

A will goes through a legal process called probate, which is how a court validates the document and oversees the distribution of your estate. Some assets pass outside of probate entirely, meaning your will has no effect on them. These typically include:

For these assets, the beneficiary designation or ownership structure controls what happens, not your will.

This is worth knowing because some people assume a will covers everything. It covers your probate estate. Your full estate plan may involve keeping beneficiary designations current as well.

A lot of people assume wills are for the wealthy. That's not accurate. A will matters any time you have preferences about what happens to your belongings or who takes care of the people and things you're responsible for.

You probably need a will if you have children, own property, have a partner you're not married to, have strong feelings about which family members should or shouldn't receive assets, or want to leave anything to a friend, partner, or charity.

Intestacy laws in most states follow a hierarchy similar to the following:

Unmarried partners, close friends, stepchildren who were never legally adopted, and anyone outside your legal family tree are generally excluded entirely under intestacy law, no matter how significant they were in your life.

If you have children under 18 and both parents die without naming a guardian, a court appoints one. The court will consider what's in the children's best interest, but it will do so without the benefit of knowing your family, your relationships, or your values.

Most parents have clear opinions about who should raise their kids if something happens. A will is how you communicate those opinions. Without it, you're leaving the decision to a judge who doesn't know you.

Requirements vary by state, but in most of the U.S., a valid will must be:

Some states also accept holographic wills (handwritten and signed without witnesses) though these are more frequently challenged in probate. It is important that you understand your local nuances prior to drafting your will.

A will that doesn't meet your state's requirements may be thrown out entirely, leaving your estate in intestacy after all.

If you've been putting this off, you're not alone. Most people have. The paperwork feels abstract until there's an urgent reason to deal with it, and by then it's sometimes too late to do it properly.

Legal Opus' Last Will and Testament gives you a place to start. You fill in clearly labeled fields, see your document take shape as you go, and download a finished, formatted will the same day. It's designed for use in 49 states (all states except Louisiana) and costs $49, with no subscription required.

If you've been meaning to get this done, this is a straightforward way to do it.