How Dying Intestate (Without a Will) Can Leave Behind a Nightmare for Your Heirs

By Holly M. Knott, CFP®
Vice President and Senior Wealth Planning Officer

 

Imagine spending your life building a home, raising a family, working hard, and accumulating wealth, only to have everything you've built distributed according to a state formula, not your personal wishes. 

That’s exactly what can happen if you die intestate, meaning without a valid will in place. 

The State—Not You—Chooses Who Gets What

When you die without a valid will, the distribution of everything you own—your home, bank accounts, investments, sentimental heirlooms—will be decided by the state. Each state has its own legal formula for distributing assets. Typically, your estate is divided among your closest relatives in a set order: spouse, children, parents, siblings, and so on.

That might sound straightforward, but without a will to clarify your intentions, the process can get complicated—and contentious. What if you’re separated but not divorced? What if you have stepchildren you’ve raised as your own? What if you're in a long-term relationship but not legally married? Under intestate law, these important people in your life could receive nothing. The law doesn’t account for personal relationships; it follows bloodlines and marriage licenses.

Without a will, your wishes simply don’t count.

No Executor to Carry Out Your Wishes

When you create a will, you name an executor, someone you trust to carry out your wishes and manage your affairs after you're gone. But if you die intestate, the court will appoint an administrator who may not know your values, your family dynamics, or your intentions. That can lead to unnecessary delays and unintended consequences.

Family Disputes and Legal Confusion

Without a clear estate plan, things can get messy, and fast. Relatives may disagree over who should get what, especially if there are valuable or sentimental assets involved. Emotions can run high and legal battles can drag on for months or even years. What could have been a smooth transition can become a drawn-out, expensive, and emotionally draining process.  

Friends and Charities Are Left Out

One of the most heartbreaking aspects of dying intestate is that people and causes you care deeply about may be left with nothing. Friends, unmarried partners, and charitable organizations do not inherit under state intestacy laws. If you had hoped to support a nonprofit, leave something meaningful to a best friend, or provide for a partner you never legally married, those wishes won’t be honored unless you’ve spelled them out in a will or estate plan. Without legal documentation, they are left out completely.

Who Will Raise Your Children?

Perhaps the most important reason to create a will is to name a guardian for your minor children. If you have children under 18, a will lets you name a guardian—someone you trust to raise them if you’re gone. Without that, the decision falls to the probate court. Courts generally favor close relatives like grandparents, aunts, or uncles. While judges try to act in the child’s best interest, they don’t know your family dynamics or preferences, and their decision may not align with your values or intentions. 

What You Can Do Now

The best way to protect your family and your legacy is to work with a qualified estate planning attorney to create a clear, legally binding estate plan, starting with a will. Don’t rely on online templates; an estate planning attorney will ensure your plan meets legal standards (and will hold up in court), reflects your unique situation, and includes thoughtful strategies for everything from asset distribution to guardianship and charitable giving. They can also help you establish other important documents like trusts, powers of attorney, and healthcare directives.

Estate planning isn’t just for the wealthy or the elderly and it’s not just about deciding who gets your “stuff.” It’s about protecting your loved ones, preserving your legacy, and ensuring your values live on.

Washington Trust Wealth Management Can Help

At Washington Trust Wealth Management, we are happy to recommend a qualified estate planning attorney and to provide support and guidance during the estate planning process.  Don’t leave your legacy to chance. Schedule a consultation with Washington Trust Wealth Advisor today and take control of your future.