What Happens if You Die Without a Will?

Thinking about what happens after death isn't the most cheerful subject, but it is an important one. Like many people, you might assume that your belongings and assets will automatically pass on to your loved ones.  

Without a will, however, the distribution of your estate can be far more complicated and may not align with your wishes. Let's explore what happens when someone dies without a will and why it is crucial to have one. 

Why Having a Will Matters 

In estate planning, a will is a legally binding document that specifies how you want your assets distributed, who should care for your minor children, and even what type of funeral you prefer, among other things. A will can reduce or avoid family disputes and provide clear instructions during a difficult time.  

Without a will, you lose control over these decisions, and the state steps in to make them for you. Your estate becomes subject to intestacy laws, which may distribute your assets in ways you never intended.  

The Legal Term for Dying Without a Will 

In legal terms, dying without a will is called "intestate." Intestacy laws vary from state to state, but they generally follow a strict hierarchy to determine who inherits your estate. This often starts with your spouse and children, followed by parents and siblings. If no eligible relatives are found, the estate may ultimately revert to the state through a process called escheatment.  

Who Manages Your Estate? 

Without a will, the court appoints an administrator to manage your estate. The administrator identifies and lists your assets, pays off any debts, and distributes the remainder according to intestacy laws. This process can be time-consuming and may not align with your personal wishes. 

Depending on the circumstances and state laws, the administrator could be a family member, a public trustee, or a third party. This role comes with significant responsibilities, including meticulous record-keeping and potentially making difficult decisions about asset distribution. 

What Happens to Minor Children? 

If you have minor children and no will, the court decides who will take care of them. This decision might not reflect your preferences or those of your children. A court-appointed guardian might not provide the same level of care or maintain the same lifestyle that you would have provided for your children. A will allows you to appoint a trustworthy guardian who shares your values and parenting style while caring for your children. 

How Intestacy Affects Your Property 

Your property is a significant part of your estate, and dying without a will means the court will decide how it is distributed. This includes real estate, bank accounts, and personal belongings, among other things. If you have specific plans for who should inherit your home or treasured possessions, a will makes those plans known and legally binding. Intestacy is a lengthy, costly, and often complicated process that can reduce the overall value of your estate. 

The Role of Probate 

Probate is the legal process of settling your estate. Your estate goes through probate even with a will, but the process is generally more straightforward. Without a will, probate can be a lengthy and expensive process. First, the court pays off any debts and taxes; then, intestacy laws dictate how the remainder should be distributed. This process can take months or even years, leaving your loved ones in limbo. 

Impact on Unmarried Partners 

If you’re in a committed relationship but not legally married, your partner might not inherit anything if you die without a will. Intestacy laws do not recognize unmarried partners, regardless of how long you've been together. This can leave your partner without financial support or deprive them of the personal property you'd intended for them. A will is the only way to make your partner a beneficiary of your estate. 

Getting Started with Your Will 

Creating a will is a straightforward process that provides peace of mind. Start by listing your assets and deciding how you want them distributed. Consider who you trust to be the executor of your will and who should care for your minor children. Consult with an estate planning attorney to draft a legally sound will that reflects your wishes. 

You might also want to include healthcare directives and powers of attorney in your will, so your medical and financial decisions are handled according to your wishes. You should periodically review and update your will to reflect major changes, such as the birth of a child, marriage, or financial ups and downs. 

Intestacy Laws in Florida 

In Florida, the rules for intestate succession are straightforward but can sometimes lead to unintended consequences. Here are some key points: 

• If you die intestate in Florida, your estate is divided among your surviving spouse and children. 

• If you have no children, your spouse inherits everything. 

• If you have children from another relationship, your spouse gets half of your estate, and your children split the rest. 

• If you leave behind no spouse or descendants, your estate goes to your parents. If your parents are deceased, it passes to your siblings. 

• In the absence of immediate relatives, distant relatives like aunts, uncles, and cousins may inherit your estate. 

• If no eligible relatives can be found, your estate reverts to the state of Florida, meaning the state government inherits everything. 

Meet With a Probate & Estate Planning Attorney in Ocala, Florida 

I, Attorney Michael A. Siefert, P.A., understand the importance of personalized legal services. I started my practice to help clients without the limitations of a large firm. My background as a teacher helps me guide clients through each step of the estate planning process. I am dedicated, knowledgeable, and empathetic, always prioritizing my clients' needs and concerns.

If you’re in Ocala, Florida, or Marion County, call Michael A. Siefert, P.A., to plan your estate and protect your loved ones.