What Happens If You Die Without a Will?
By Michael Ruger, CFP®
Partner and Chief Investment Officer at Greenbush Financial Group
No one likes to think about their own death, but estate planning is one of the most important financial steps you can take to protect your family and loved ones. One of the simplest — yet most critical — estate planning tools is a will.
Unfortunately, many people pass away without one. According to surveys, more than half of Americans don’t have a will in place. But what really happens if you die without a will?
State laws decide who gets your assets — not you.
The probate process becomes longer, more expensive, and more stressful for your family.
Guardians for minor children are chosen by a judge, not by you.
Children can inherit large sums at age 18 with no safeguards, which can sometimes hurt more than help.
Simple solutions exist — a basic will can often be set up for a minimal cost.
Let’s walk through what happens if you don’t have a will, why that can create complications, and what you can do to avoid these pitfalls.
State Laws Take Over
If you die without a will, you die “intestate.” This means your estate will be distributed according to your state’s intestacy laws. These laws vary by state, but most follow a general pattern:
If you’re married, your assets may be split between your spouse and children.
If you’re single with children, everything generally goes to your kids in equal shares.
If you have no spouse or children, assets may pass to your parents, siblings, nieces, nephews, or more distant relatives.
The problem? State law or a judge, who doesn’t know you or your family dynamics will decide how your estate is distributed. You lose the ability to decide who receives what, when they receive it, or under what conditions.
A Longer, More Expensive Probate Process
With a valid will, your executor follows your instructions and distributes assets relatively quickly. Without a will, the court must:
Appoint an executor (which may take time and spark disagreements).
Require appraisals of property, attorney involvement, and court oversight.
Follow state intestacy laws to distribute assets.
This makes the probate process longer, more complicated, and often more expensive. Beneficiaries can wait months — even years — before assets are fully distributed.
For families already grieving a loss, this added complexity can be emotionally draining.
The Stakes Are Higher With Minor Children
If you have children under 18, the consequences of dying without a will become even more serious.
Guardianship: A judge will appoint a guardian for your children, without knowing who you would have chosen.
Inheritance access: At age 18, children may receive their full inheritance outright.
That means a teenager could suddenly inherit hundreds of thousands of dollars from life insurance, retirement accounts, or the sale of your home. Without safeguards in place, that money may not be used wisely and could dramatically affect your child’s life path.
A properly drafted will (or even better, a trust) can set rules, such as delaying inheritance until your children reach a more mature age or providing funds gradually over time.
Probate Isn’t the Only Issue
Estate planning attorneys often recommend going one step further than a will to avoid probate altogether. Common strategies include:
Revocable living trust: Assets in a trust bypass probate and are distributed privately according to your instructions.
Transfer on Death (TOD) accounts: Bank and brokerage accounts with TOD designations pass directly to beneficiaries without probate.
Beneficiary designations: Retirement accounts and life insurance policies allow you to name beneficiaries directly, which supersedes a will.
These strategies not only streamline the distribution process but can also protect your family from unnecessary legal fees and court delays.
A Will Doesn’t Have to Be Expensive
One of the biggest misconceptions is that creating a will is time-consuming or costly. In reality, establishing a will can be very inexpensive:
Online services like LegalZoom.com or Rocket Lawyer can help you set up a simple will for a minimal fee.
While these are good starting points, we recommend working with an estate attorney if your situation is more complex — especially if you have children, significant assets, or unique wishes.
Think of a will as one of the most affordable forms of “insurance” you can buy. For a small upfront cost, you can save your family thousands of dollars, countless hours, and significant emotional stress later.
Final Thoughts
If you die without a will, the state — not you — decides how your assets are distributed and who cares for your children. The probate process becomes more costly, more time-consuming, and much more stressful for your loved ones.
The good news is that creating a will is relatively easy and inexpensive. Whether through a simple online service or a consultation with an estate attorney, taking this step ensures you stay in control and your family is protected.
At the end of the day, a will is about more than just money — it’s about peace of mind.
About Michael……...
Hi, I’m Michael Ruger. I’m the managing partner of Greenbush Financial Group and the creator of the nationally recognized Money Smart Board blog . I created the blog because there are a lot of events in life that require important financial decisions. The goal is to help our readers avoid big financial missteps, discover financial solutions that they were not aware of, and to optimize their financial future.
Frequently Asked Questions (FAQs)
What happens if you die without a will?
If you die without a will, your estate is distributed according to your state’s intestacy laws. This means a court decides who receives your assets and when, which can lead to outcomes you may not have intended.
How does dying without a will affect the probate process?
Without a will, the probate process is usually longer, more expensive, and more complicated. The court must appoint an executor, oversee asset distribution, and may require appraisals or attorney involvement—all of which add time and cost.
What happens to minor children if a parent dies without a will?
If you have minor children and no will, a judge will decide who becomes their guardian. In addition, any inheritance they receive becomes theirs outright at age 18, without safeguards to ensure it’s managed responsibly.
Can you avoid probate without a will?
Yes. Using tools like revocable living trusts, Transfer on Death (TOD) accounts, and beneficiary designations can help assets pass directly to heirs without going through probate. These strategies can save time and reduce legal expenses.
Is creating a will expensive or time-consuming?
Creating a basic will is typically affordable and straightforward. Online services can help for a low cost, while more complex situations may benefit from an estate attorney’s guidance.
Why is having a will so important?
A will ensures your wishes are honored, your loved ones are protected, and your estate is distributed efficiently. It also provides peace of mind knowing your family won’t face unnecessary legal or financial burdens during an already difficult time.
