You may not want to think about your passing, but having a will in place is one of the most important things you can do to protect your loved ones. Without one, you leave your family and the courts in a complicated situation, with decisions about your assets, guardianship, and even funeral arrangements, potentially out of your hands. Here’s a breakdown of what happens if you die without a will.
Your State’s Laws Decide Who Inherits
When someone dies without a will, they are considered to have died “intestate.” This means state laws, known as intestacy laws, determine how your property is distributed. In Virginia:
- If you’re married, one-third of your estate goes to your spouse, and two-thirds goes to your children and their descendants. If you didn’t have children, your estate goes to your spouse.
- If you don’t have a spouse, your estate passes to your children and their descendants.
- If you don’t have a spouse or children, your estate passes to your parents, or the surviving parent.
If you don’t have surviving parents or grandparents, your estate passes to the nearest lineal ancestors and descendants of those ancestors. If you have no surviving family, your estate goes back to the state government.
The Court Appoints an Executor
A will allows you to name an executor — someone you trust to handle your affairs after you’re gone. Without one, the court will appoint some to act as your estate’s administrator. This person gathers all the deceased’s assets, pays bills out of their money, and distributes property. This might not be the person you would’ve chosen, and it can cause delays, extra legal costs, and even family disputes.
The Court Chooses the Guardians for Minor Children
If you have minor children, a will lets you name their guardian. Without one, the court will decide who raises them. While the court is expected to act in the child’s best interest, the judge may not select the person you would have selected, potentially putting your children in emotional distress. This is one of the most important reasons parents should have a will in place.
Assets May Be Distributed in Ways You Don’t Expect
Your state’s intestacy laws might align with your wishes. For example:
- A long-term partner you never married may receive nothing.
- Stepchildren are often excluded unless legally adopted.
- Certain sentimental or family heirlooms could be sold instead of passed down.
Potential for Family Disputes
Without a clear plan, disagreements can arise among family members over who gets what. These disputes can lead to long, stressful, and expensive legal battles that take a toll on relationships, particularly in complicated or blended families.
Your Estate Could Take Longer to Settle
Probate, the legal process of distributing assets, can move more slowly when there’s no will, as the court must first appoint an administrator and follow statutory rules. Your loved ones could be waiting months or even years to have closure.
You Lose Opportunities for Legacy Planning
Without a will, you miss the chance to establish trust that protects minors or individuals with disabilities, ensuring your inheritance is managed responsibly. You also won’t be able to make specific charitable donations or leave sentimental items to individuals who would cherish them most.
How to Protect Your Loved Ones
Creating a will isn’t just for the wealthy; it’s for anyone who wants control over what happens to their property, children, and legacy. Even a simple, legally valid will can:
- Ensure your wishes are followed.
- Name guardians for your children.
- Reduce stress and conflict for your loved ones.
- Save time and money in the probate process.
Tips for Creating a Will
When creating a will, make sure you:
- Identify your assets
- Determine who will inherit what and in what proportions (known as beneficiaries)
- Choose an executor (a reliable individual to manage your estate and distribute assets)
- Name someone you trust as a guardian for any children.
- Sign it in the presence of witnesses and consult with an attorney if you feel overwhelmed with legalities.
- Review and update it regularly and store it in a secure location, such as a safety deposit box.
Protect Your Legacy and Your Family by Creating a Will
Dying without a will leaves your estate in the hands of state laws and the courts, rather than your own. This can create unnecessary delays, expenses, and stress for the people you care about most. Take the time now to create a legally valid will to ensure your wishes are honored, your family is protected, and your estate is handled with compassion. A bit of simple planning today can make a world of difference in the future.