What happens if you die intestate?

If you die intestate—meaning without a valid will—state law decides who inherits your assets, not you.

Here’s what typically happens:

🏛️ The Probate Court Takes Over

•  Your estate goes through probate, a court-supervised process to settle debts and distribute assets.

•  A judge appoints an administrator (often a close relative) to manage your estate.

👨‍👩‍👧‍👦 Assets Go to Next of Kin by Law

•  State intestacy laws determine who inherits, usually in this order:

  ⁠◦  Spouse and children

  ⁠◦  Parents

  ⁠◦  Siblings

  ⁠◦  Extended family (nieces, nephews, cousins)

•  If no relatives can be found, your assets may go to the state (called “escheat”).

🛑 No Control Over Special Wishes

•  You lose the ability to:

  ⁠◦  Choose guardians for minor children

  ⁠◦  Leave gifts to friends, charities, or stepchildren

  ⁠◦  Exclude estranged relatives

  ⁠◦  Protect vulnerable heirs with trusts

🕒 Delays and Costs

•  Probate without a will can be slower and more expensive, especially if there are disputes or unclear family lines.

Creating a will or trust ensures your wishes are honored and your loved ones are protected. If you’d like, I can help you explain this clearly to clients or include it in your educational materials.

Disclaimer:

This blog post is for informational purposes only and is not intended to be legal advice. Sage Estate Planning is not a law firm and does not provide legal counsel. For legal advice specific to your situation, please consult a licensed attorney.