No one likes to think about their own mortality, but planning for the inevitable is one of the most important things you can do for your loved ones. If you die without a will, you are considered to have died intestate—a legal term that means the state decides how your assets are distributed. This process, known as intestate succession, can lead to outcomes that may not align with your wishes.
Read on to learn more about what happens when someone dies intestate, why it’s important to create a will, and how Gentreo, www.gentreo.com, makes it easy to protect your family and assets.
What Does Intestate Mean?
The term “intestate” refers to dying without a valid will. When this happens, state laws determine how your assets are distributed. These laws vary by state but generally prioritize immediate family members like spouses and children. While this might sound straightforward, intestacy often creates complications, especially if:
- You have no surviving close relatives.
- You want to leave assets to non-family members (e.g., friends or charities).
- You have minor children who need guardianship arrangements.
- You have digital assets, such as email accounts, cryptocurrency, or online businesses, that may become inaccessible without proper estate planning.
How Intestate Succession Works
When someone dies intestate, their estate goes through probate—a court-supervised process where assets are distributed according to state laws. Here’s how it typically works:
1. Spouse and Children
In most states:
- If you’re married with children, your spouse and children share your estate.
- If you’re married without children, your spouse may inherit everything—but this isn’t guaranteed in all states.
- If you have children but no spouse, your children inherit everything.
Specific State Examples:
- In California, if you are married with one child, your spouse gets 1/2 of your community property and 1/3 of your separate property, while your child gets 2/3 of your separate property.
- In Texas, the rules for separate vs. community property are very specific and can result in different outcomes based on the type of property and whether the children are from the current marriage.
2. Extended Family
If you have no spouse or children, your estate may go to:
- Parents.
- Siblings.
- More distant relatives like cousins or nieces/nephews.
3. No Surviving Relatives
If no relatives can be located, the state claims your assets through a process called escheatment—meaning everything goes to the government.
Why Dying Intestate Can Be Problematic
1. Your Wishes May Not Be Honored
Without a will, the state distributes your assets based on generic rules—not your personal preferences. For example:
- A long-term partner who isn’t legally married to you may receive nothing.
- Charities or friends you care about won’t inherit anything unless specified in a will.
2. Guardianship for Minor Children Is Unclear
If you have minor children and no will naming a guardian, the court decides who will care for them. This decision may not align with your wishes.
3. Family Disputes Are More Likely
Intestacy often leads to confusion and disagreements among surviving family members about who should inherit what. Disputes over estates can cause long-lasting rifts within families and result in costly legal battles.
4. The Process Is Time-Consuming and Costly
Probate can take months or even years to resolve, delaying asset distribution and creating additional stress for loved ones. Probate can involve appraising assets, paying off debts, and handling legal filings. The longer probate drags on, the more expensive it becomes, reducing the amount of inheritance your family receives.
5. Probate is a Public Process
Unlike a trust, which remains private, probate is a court-supervised process that becomes part of public records. This means that anyone can see details about your estate, debts, and beneficiaries.
6. Executor or Administrator Responsibilities
If no will exists, the court appoints an administrator to handle the probate process. This individual, often a family member, must follow state laws and may face legal challenges from heirs who disagree on asset distribution.
7. Digital Assets May Be Lost
In today’s digital age, many people have valuable digital assets like online accounts, digital photos, and cryptocurrency. Without a will or specific instructions, these assets may be lost or inaccessible to loved ones.
- Consider including instructions for accessing and managing your digital assets in your estate plan.
8. Community Property vs. Separate Property
- Community property is property acquired during a marriage, while separate property is property acquired before marriage or received as a gift or inheritance during marriage.
- These distinctions greatly affect inheritance and determine how assets are distributed under intestacy laws.
9. Transfer on Death (TOD) and Payable on Death (POD) Designations
Some assets, such as bank accounts, retirement accounts, and real estate, allow owners to designate beneficiaries outside of probate. Using Transfer on Death (TOD) or Payable on Death (POD) designations ensures that certain assets go directly to a chosen beneficiary, avoiding probate entirely.
Common Misconceptions
- “If I’m married, my spouse automatically gets everything.”
- Not always. In some states, children from a previous relationship may inherit part of the estate.
- “Common-law marriage is treated the same as legal marriage.”
- This varies significantly by state and has strict requirements. Many states do not recognize common-law marriages for inheritance purposes.
How a Will Prevents Intestacy
Creating a will works to ensure that:
- Your assets are distributed according to your wishes.
- Guardians for minor children are clearly named.
- Family disputes are minimized with clear instructions.
- Probate is streamlined—or avoided entirely if paired with tools like trusts.
Having a will also allows you to designate specific gifts to individuals or charities and include instructions for sentimental assets that might otherwise be contested.
How Gentreo Makes It Easy to Create a Will
Gentreo simplifies estate planning by providing an affordable online platform where you can create legally binding wills in minutes.
Features Include:
- A step-by-step process tailored to your needs – Our intuitive platform helps you create a will that reflects your wishes.
- State-specific templates that comply with local laws – Ensuring your will is legally valid in whatever state you live in.
- Secure storage in Gentreo’s Digital Vault – Keep your documents safe and accessible when needed.
- Unlimited updates as life changes – Easily modify your will to create a new one as your family and financial situation evolve.
What You Can Do Today to Start Your Estate Planning:
- Gather information on your assets and debts.
- Consider who you want to inherit your assets.
- List who you would wish to be the guardian of your children.
- Research your state’s intestate succession laws.
- Get started with Gentreo today!
Dying intestate leaves important decisions about your assets and loved ones in the hands of the state—often leading to outcomes that don’t reflect your wishes. By creating a will with Gentreo, you can take control of your future and provide peace of mind for those you care about most.
Don’t wait until it’s too late; start your estate planning journey with Gentreo today. By doing so, you’ll not only protect your loved ones but also gain the peace of mind that comes with knowing your legacy is secure. Click HERE to join now.
This article is for informational purposes only and should not be considered legal advice. Consult with a qualified attorney or estate planning professional for personalized guidance.
