What Happens If You Die Without a Will?

Estate Planning Lawyer

A will is a legal document that describes what you wish to happen to your possessions after your death, as well as a few other legal matters. However, what happens if someone dies without a will? It is a simple question, although many people do not know the answer. This guide will go over every aspect of this question.

Dying Without a Will

The first thing you need to understand is that the answer to this question depends heavily on which state you live in. The laws vary from one state to the next, which affects the specifics. However, the broad details are the same no matter which state you live in.

Generally, if someone dies without a will, their possessions will be distributed to that person’s living heirs. This is called dying intestate. The specific way the items are distributed does depend on your local laws. You should research intestate laws in your state or speak with an estate planning attorney. Many people think of children when they hear the word “heir,” but in this case it applies to:

  • Children
  • Spouses
  • Siblings
  • Parents
  • Extended family

In some cases, it may also apply to domestic partnerships, although only certain states acknowledge domestic partnerships. Generally, the state does not give any possessions to anyone who is not related to the deceased by blood or marriage.

There is usually an order which the state follows. Sometimes a person’s spouse will receive all the possessions. If there is no spouse, living children are next in line. Without any children or a spouse, siblings and parents will usually receive the possessions equally. Extended relatives are the next ones in line after siblings and parents. If you die without a will and no living relatives, children, parents, or spouse, the state will usually claim the possessions.

Create a Will for Yourself

It is not hard to make a will for yourself and it is very important to do so. Everyone should have a will to ensure your final wishes are carried out. A will does more than just designate what should happen with your possessions. It handles a few other legal matters as well, which is just another reason to have one. The easiest way to create a will is to visit an estate planning attorney. In most cases, an estate planning attorney in Queen Creek, AZ can create a will for you in just a few visits for a relatively small fee. Take the initiative now to be prepared for later.

 


 

Thanks to Citadel Law Firm for their insight into estate planning and what happens if you die without a will.