What Happens When You Die Without a Will: Understanding Intestate Succession
Many people put off writing a will, believing they have plenty of time or that their families will “figure it out.” Unfortunately, if you pass away without a valid will in place, your estate does not distribute automatically to your loved ones the way you might assume. Instead, state intestate succession laws determine who receives your property, in what order, and in what proportions. This process can create delays, disputes, and unintended outcomes that a will could have prevented.
What does “intestate” mean?
If a person dies “intestate,” it means they left no legally enforceable will for their heirs. In such a situation, the probate court would apply the state’s intestacy laws to decide how the deceased individual’s assets will be divided. The rules are written to follow a general “family tree” approach, but they don’t account for personal wishes, blended families, or unique circumstances.
Who inherits under intestate laws?
Every state sets its own rules, but most intestacy statutes follow a similar order of priority:
- Spouse and children – In many states, a surviving spouse inherits a significant share, sometimes the entire estate, especially if all children are shared between the spouses. If there are children from another relationship, the estate may be divided between the spouse and those children.
- Parents – If there is no surviving spouse or child, the estate typically passes to the deceased’s parents.
- Siblings and extended family – If parents are not living, the estate may go to siblings, then nieces and nephews, and further out to cousins or more distant relatives.
- The state – If no living relatives can be located, the estate may eventually “escheat,” meaning it becomes property of the state.
Which assets are affected?
Importantly, intestacy laws generally govern only probate assets or property solely in the decedent’s name with no designated beneficiary. Examples include real estate titled in the decedent’s name, personal belongings, and certain bank accounts. Assets with beneficiary designations (like life insurance, retirement accounts, or joint tenancy property) usually transfer outside of probate, regardless of intestacy rules.
Problems that arise without a will
If you die without a will, it can create some complications. Those include:
- Family disputes – If the law decides who gets your assets when you die, family members may feel shortchanged or excluded which could lead to conflict.
- Delays and expense – The probate process can take longer and be more costly without clear instructions from the decedent.
- Unintended beneficiaries – Who do you want to receive your assets when you pass? If you don’t have a will, they may go to someone you don’t want.
- Guardianship issues – Without a will, the court will decide who will raise your minor children should you pass.
Talk to a Virginia Beach Estate Planning Attorney Today
The Law Office of Angela N. Manz represents the interests of Virginia Beach residents who want to address their estate plans. Call our Virginia Beach estate planning lawyers today to schedule an appointment, and we can begin discussing your options right away.
