Intestate

When people die before creating a will, their assets are frozen until the courts take a detailed look at their entire estate. Each state has different intestacy succession laws that dictate where the court will allocate the deceased’s possessions. It’s often a lengthy and draining experience for the next of kin.

If your assets are subject to your state’s intestate laws, then a probate court will appoint a personal representative to supervise the dispersal of your money and belongings. This will thankfully put a stop to any and all creditor claims, reducing the time they can be filed to as little as three months. Once the personal representative uses your assets to pay off of your remaining debts, anything left is generally distributed to your heirs.*

In most states, your spouse has first rights to your assets, then your children, grandchildren, parents, and then finally siblings. This priority order also determines who will serve as the administrator of the estate.

Will your property be taxed if you don’t have a will?

Some states utilize a specially designed formula to divide your estate taxes among your children and spouse, and your estate could be taxed under Federal law, but only if you leave behind several million dollars.

What will happen to your children?

If you’re a single parent and leave behind children after you pass without a will, their rights will be determined by the courts. Judges will do what they can to grant the best guardianship for children, but it’s a difficult call to make, as the courts do not know the details of their needs or their relationships with your family. A family member could volunteer to raise your children after you’re gone, but you can’t block them if they’re a poor fit with your kids unless you have your affairs in order. Your children’s well-being is, perhaps, the most important reason to draft a will.

What will happen to your spouse?

In most cases and in most states, a surviving spouse will inherit a share of your assets. In some cases though, if you also have children, then only half of your possessions will go to your partner while the other half will be distributed equally among your kids. This also depends on where you live, but again, if you and your family prefer to have your assets allocated differently, you must finalize your will.

Our Life for Life plan includes free legal services, including the preparation of wills for the insured and a spouse or domestic partner.

Learn more about group life insurance through this program.

*Varies by state.

¹ Jones, Jeffrey, “How Many Americans Have a Will?” June 23, 2021. https://news.gallup.com/poll/351500/how-many-americans-have-will.aspx