What Happens If You Die Without a Will? Understanding Intestate Succession
When a person dies without a valid will, their estate doesn’t get distributed based on what they may have verbally told others or assumed would happen. Instead, state law takes control. That process—called intestate succession—can lead to results the deceased never intended.
At Sanders & Sanders, Attorneys at Law, we know that planning for the future isn’t always easy, but it’s one of the most important things you can do for your loved ones. As estate planning attorneys in Upper Marlboro, Maryland, we help clients understand what could happen if they pass away without a will and how that situation can affect their families.
Read on for more information about what happens when someone dies without a will and how you can protect your legacy with the help of an experienced wills attorney.
The Basics of Intestate Succession
Intestate succession is the legal process that determines who inherits a person’s assets when they die without a will. Each state has its own rules, but most follow a similar order for distributing property among relatives. These laws aim to keep assets within the family but don’t account for personal preferences or complicated relationships.
Without a will, your property may not end up where you’d want it. The law looks at legal relationships—not emotional ones—so long-term partners, stepchildren, or close friends may receive nothing. To avoid this situation, a legally enforceable will is essential.
How Assets Are Distributed Without a Will
In intestate cases, your closest relatives typically inherit your estate. If you’re married with children, your estate may be divided between your spouse and children. If you have no children, your spouse may receive everything. If you’re unmarried but have children, your children may inherit your entire estate.
If there are no immediate family members, the estate may go to parents, siblings, or even more distant relatives. When no living relatives can be found, the state may take ownership of the estate. This automatic structure may overlook those you would have wanted to include, leading to unfair or unintended outcomes.
The Court’s Role in Managing Intestate Estates
When there’s no will, the court appoints an administrator to handle the estate. This person performs tasks similar to those of an executor named in a will, but their appointment is based on legal guidelines rather than your wishes. Family members may be eligible, but the final decision lies with the court.
The administrator must identify and notify heirs, pay outstanding debts, and distribute the remaining assets. Without a will, this process can become more complicated, especially if multiple heirs have equal claims. These cases often take longer to resolve and may result in more costs and disputes.
Difficulties for Surviving Family Members
Dying without a will can cause confusion and stress for surviving loved ones. Without clear instructions, family members may argue over who should get what. Emotions can run high during this time, especially if there’s disagreement over what the deceased would have wanted.
Even when relatives try to handle things peacefully, the legal process may still be slow and costly. Probate proceedings without a will often involve more court involvement, legal fees, and delays. These challenges can place a heavy burden on those left behind during an already difficult period.
Why Everyone Needs an Estate Plan
Many people assume estate planning is only for the wealthy, but that’s far from true. If you own property, have children, or simply want to control who gets your belongings, you need a will. Estate planning isn’t just about dividing assets—it’s about protecting loved ones and providing clarity.
Even small estates benefit from thoughtful planning. With a valid will and supporting documents like a power of attorney or healthcare directive, you can make things much easier for your family. These tools help avoid confusion and allow your wishes to be carried out without interference.
Common Misconceptions About Wills
One common myth is that if you're married, your spouse automatically receives everything. This isn’t always true. In many situations, children or parents may also have legal rights to a portion of your estate. These outcomes may be completely different from what you expect.
Others believe verbal promises are enough or that writing a few instructions on paper will work. Unfortunately, informal directions usually don’t hold up in court. A will must meet legal standards to be valid, and a qualified estate planning attorney can help make sure it does.
Taking Action When a Loved One Dies Without a Will
If a family member dies intestate, surviving relatives may not know what to do next. Probate courts will begin managing the estate, but family members will often be expected to help collect information and move things forward. Some important steps to take include:
Requesting court appointment of an administrator: The court needs someone to handle the estate. Relatives may petition to be named administrator and take on the legal responsibility of settling affairs.
Locating important documents and assets: Bank accounts, real estate, insurance policies, and personal property must be identified and managed carefully during probate.
Communicating with heirs and beneficiaries: Keeping everyone informed can help reduce tension and avoid misunderstandings or legal challenges down the road.
Working with a qualified estate planning attorney: Even if the deceased didn’t have a will, an attorney can assist with managing the legal process and resolving any disputes that arise.
Taking these steps early can help prevent unnecessary delays or disagreements while making sure the estate is handled properly.
What Happens to Minor Children Without a Will?
One of the most critical reasons to create a will is to name guardians for minor children. If you die without doing so, the court must decide who will care for your children. This decision is based on what the court believes is in the best interest of the child, not what you may have preferred.
Even if you assume that a close family member would step in, there could be disagreements or confusion. A will allows you to make your wishes clear and legally binding. Without one, your children’s future could become uncertain at a time when they most need stability.
How Property Outside the Will Is Handled
Not all assets pass through a will. Life insurance policies, retirement accounts, and jointly owned property may transfer automatically based on beneficiary designations or how ownership is structured. However, when these details are outdated or not clearly documented, disputes can still occur.
This makes it even more important to regularly review and update your estate plan. Coordinating your will with other documents and accounts helps prevent contradictions or surprises during probate. Everything should work together to reflect your current wishes.
Updating Your Estate Plan Over Time
Life changes, and so should your estate plan. Marriage, divorce, the birth of children or grandchildren, moving to a new state, or acquiring new property are all reasons to revisit your plan. An outdated will can be almost as problematic as having no will at all.
By reviewing your plan every few years or after major life events, you help make sure it remains accurate and effective. Regular updates give your family confidence and make the probate process smoother if something happens to you.
Making the Right Decisions for Your Estate
Creating a will is more than just writing names on paper. It’s about making thoughtful decisions that reflect your values, relationships, and financial priorities. Whether you want to leave a lasting gift, protect a loved one, or reduce future stress, planning ahead is the most effective way to do it.
Some important areas to think about include:
Who will inherit your assets: Consider your family structure, your intentions, and any potential challenges that could arise.
Who will manage your estate: Choose someone you trust to serve as executor and handle your affairs responsibly and fairly.
Who will care for your children or dependents: Appointing a guardian can protect vulnerable loved ones and avoid uncertainty.
What documents do you need beyond a will: A complete estate plan may include trusts, advance directives, and powers of attorney to cover different situations.
By addressing these decisions now, you give yourself and your loved ones clarity and peace of mind.
Let an Estate Planning Attorney Help You Plan Ahead
Planning for the future doesn’t have to be overwhelming. At Sanders & Sanders, Attorneys at Law, we’re here to help you create a clear, customized estate plan that protects your family and honors your wishes. We serve clients throughout Clinton, Bowie, Fort Washington, Largo, and Washington D.C. Contact us today to speak with an experienced estate planning attorney and start taking control of your legacy.