What Happens If You Die Without a Will? [Updated 2023]

Losing a loved one is an emotional and difficult experience for everyone involved. Unfortunately, this difficult time can become even more complicated if the deceased did not have a will in place. In this article, we will explore the consequences of dying without a will and why it’s crucial to have a plan in place. We spoke with a San Jose probate lawyer to get expert insights and guidance on this topic.

What is a will?

Before we dive into the consequences of dying without a will, it’s important to understand what a will is. A will is a legal document that outlines how a person’s assets will be distributed after their death. It allows an individual to decide who will receive their property and who will be in charge of distributing it.

Consequences of dying without a will

If a person dies without a will, it means they have died “intestate.” When this happens, the state will determine how the person’s assets will be distributed. This process is known as probate. The probate court will appoint an administrator to manage the deceased person’s estate and distribute their assets according to state law.

State law determines who gets what

In the absence of a will, state law will determine who gets the deceased person’s property. The property will be divided among the deceased person’s spouse, children, parents, siblings, or other relatives according to a predetermined order. This can lead to unintended consequences, such as estranged family members receiving a portion of the estate, and loved ones being left out.

The process can be time-consuming and expensive

Probate can be a lengthy and expensive process. The court will appoint an administrator to manage the estate, which can take several months or even years to complete. The administrator will be responsible for paying off any debts or taxes owed by the deceased person before distributing any remaining assets. This can also be costly, as the administrator’s fees and court costs will be deducted from the estate.

Personal belongings may be sold

During the probate process, personal belongings may be sold to pay off debts or distribute assets. This can include sentimental items that have no significant monetary value but hold emotional value for family members.

Children may be placed in the care of strangers

If a person dies without a will and has minor children, the state will determine who will be responsible for their care. This can result in the children being placed in the care of strangers, such as foster care, until a suitable guardian can be appointed.

Why it’s crucial to have a will

After understanding the consequences of dying without a will, it’s easy to see why it’s crucial to have one. A will allows an individual to have control over how their assets will be distributed after their death. It ensures that loved ones will receive their intended inheritance and can help prevent family disputes.

Choose an executor

When creating a will, an individual can choose an executor to manage their estate and distribute their assets. This ensures that their wishes are carried out and that their loved ones receive their intended inheritance.

Designate guardianship for minor children

A will allows an individual to designate a guardian for their minor children in the event of their death. This ensures that their children are placed in the care of a trusted family member or friend, rather than being placed in the care of strangers.

Protect sentimental items

When creating a will, an individual can also specify who will receive their sentimental items, such as family heirlooms or personal keepsakes. This ensures that these items are passed down to loved ones who will cherish them.

Conclusion

In conclusion, dying without a will can have unintended consequences, including the state determining who receives your property, personal belongings being sold, and children being placed in the care of strangers. That’s why it’s crucial to have a will in place to ensure that your assets are distributed according to your wishes and that your loved ones are taken care of.

If you don’t have a will or need to update an existing one, it’s important to speak with an experienced San Jose probate lawyer. They can help guide you through the process and ensure that your wishes are carried out after your death.

At Affordable and Express Legal Services, we understand the importance of having a will and making sure that your assets are distributed according to your wishes. Our team of experienced probate lawyers can help you create or update your will, ensuring that your loved ones are taken care of after your death.

Don’t wait until it’s too late to create a will. Contact (408) 247-5005 today to schedule a consultation with one of our experienced probate lawyers.