What Happens If You Die Without a Will?

If you die without a will, a court will decide how your assets are distributed in accordance with state law. Each state has its own laws in place, called intestate succession laws, that determine how assets are passed to family members in the absence of a valid will.

That means plans you had about giving items or cash to friends, charities, or other recipients may not be followed. In addition, your survivors may have a tricky road ahead as they navigate the management of your estate.

Many people postpone writing a will out of the belief that it will be a time-consuming and expensive task, but it doesn’t have to be either of those things. Here, you’ll find out what happens if you haven’t made a will, as well as tips to get started. You’ll also learn how writing a will can save your loved ones stress, time, and, yes, money.

Who Handles Your Estate if You Die Without a Will?

When there is no will to name an executor, state law dictates who will be in charge of handling your estate.

A will is a legal document that outlines details including how you wish to have your estate distributed and who you wish to designate as the executor or personal representative. This is the person who takes responsibility for administering your estate after you die. They make sure final bills and taxes are paid and your financial assets are distributed according to your plans.

If no valid will exists, the executor will typically be appointed according to a priority list determined by the state. For example, most states will make the surviving spouse, if there is one, the executor. Adult children are typically considered next, followed by other family members.

Until the courts decide who will distribute your assets, they will be frozen. Keep in mind that some assets may not be subject to probate, such as financial accounts that have designated beneficiaries or property that has joint ownership established. Assets subject to probate, however, may be held until an executor is selected.

If nobody is willing or able to handle your estate, the courts will name a public trustee to represent you. This would mean that a stranger would be in charge of distributing your assets according to the laws in your state.

Who Gets Your Money If You Die Without a Will?

If you were to die without a will (legally called “intestate”), the court would decide how to divide your assets during probate.

Probate is the legal process in which a court validates the will (if it exists) and oversees the distribution of the deceased’s assets. If a will is not in place when you die, probate could be a complex process that can hold your assets in place for an extended period of time. It could also potentially be time-consuming and expensive for your survivors, depending on the situation.

How an estate will be distributed in the absence of a will depends on state law. Typically, the bulk of the estate will go to a spouse. If you have children, they will also likely get a share or, if there are no children, your parents. Next, the state will typically look for siblings, nieces, nephews, aunts, uncles, and cousins. Some relatives might have to claim unclaimed money from the deceased.

The probate process can mean that your belongings are inherited by those you didn’t necessarily intend. For example, if you are single and you die, your parents may get all of your possessions. This may not have been your wishes if you have a partner, or if you and your parents don’t get along.

If you are in a relationship but have no marriage certificate, your significant other may not be able to inherit any of your assets.

You also don’t have an opportunity to give anything to charity, your alma mater, or create a legacy.

What if I Die With Credit Card Debt or Loans?

Your estate typically has to pay any creditors before anything is passed down to those named in your will or determined by the court. If you have a mortgage or credit card debt alongside other assets, the process can take time and potentially lead to confusion for your loved ones.

If you die, federal student loan debt will be discharged, but private loan debt is dependent on your policy. If someone cosigned the loan, they may be responsible for future payments.

If you have credit card debts and not enough assets to cover them, your survivors will typically not be responsible for payment. But despite your loved ones not being legally obligated to pay the debts, it may also lead to creditors contacting your family.

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Who Gets My Children if I Die Without a Will?

Guardianship, or who takes care of children who are minors in the event of your death, can be the most pressing concern for many parents.

If you die without a will, your children’s surviving parent will usually get full custody of them. If there is no surviving parent, the state will appoint a guardian for your children. The state will choose guardians that they believe are in the best interest of the children, but these guardians may not be the same people you would have chosen.

Having the state assign guardians can also be stressful for your loved ones during what would already likely be a tough time.

A will can establish both a personal and financial guardian for your children. While this can be the same person, some parents like the flexibility in dividing guardianship.

For example, a relative may be chosen to be a financial guardian because they are skilled at managing money and have positive net worth. However, a personal guardian could be a family member who lives nearby and could ensure that the children are well cared for and their daily routines stay consistent.

You can also appoint a backup guardian in your will in case your primary choice is unable or unwilling to take on the role. You might also look into putting your house in a trust for your children, as well as other applicable assets, which could help ease the transfer process.

Writing a Will Can be Easier (and Cheaper) Than You May Think

If you have a lot of property or assets and may want to set up trusts for your heirs, it can be wise to hire an experienced estate attorney to help you write a will, as well as any other estate planning documents. You may decide to create a revocable living trust, for example. Assets held in a living trust are not subject to probate. An attorney can also advise you on the best way to handle a will if you are married.

For many people, however, online templates can be sufficient and, provided the documents are signed appropriately, will be legally binding. A will is an important part of an estate-planning checklist.

After you write your will, you may need witnesses and a notary in order to make sure it’s legal in the state where you live. Once you have a will, there are a few other steps you may want to take, including:

•   Keeping your will in a safe place. This may include having a digital copy and also a physical copy.

•   Letting someone know where copies of the will are kept (say, the person you appointed as executor of your will).

•   Creating other end-of-life documents, including a living will and power of attorney. These documents can be invaluable if you were to become incapacitated and needed people to make medical decisions for you.

•   Considering adding beneficiaries to financial accounts, such as bank accounts and retirement accounts, which allows funds to be directed to beneficiaries upon death.

•   Talking about your decision with others. Many people put off making a will, which can lead to confusion and uncertainty if the worst were to happen. Encouraging your loved ones to draft their own wills can help give peace of mind to the entire family.

•   Updating it regularly. It can be a good idea to consider looking at your will every year or so, or after a major event, such as a marriage, divorce, death in the family, home purchase, or the birth of a child.

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The Takeaway

Creating a will may seem overwhelming, but it can also be a financially prudent move that helps protect your assets — and creates a legacy based on your wishes.

If you die without a will, you will not have a say in how your assets will be distributed and, if you have children, who will necessarily care for them. You also risk putting your survivors in a difficult situation.

You may be able to create your own will relatively quickly online simply by plugging in your information. The rest is done for you, and the results are legally binding as long as they meet the requirements of your state.

While you’re tackling the to-dos you’ve long been putting off, you may also want to also work on getting your financial life in order. SoFi Checking and Savings makes it easy to manage your money by allowing you to save, spend, pay bills, and manage your budget, all in one place.

Interested in opening an online bank account? When you sign up for a SoFi Checking and Savings account with direct deposit, you’ll get a competitive annual percentage yield (APY), pay zero account fees, and enjoy an array of rewards, such as access to the Allpoint Network of 55,000+ fee-free ATMs globally. Qualifying accounts can even access their paycheck up to two days early.

FAQ

Who takes care of your estate if you die without a will?

If you die without a will, the court will appoint an executor, as determined by state law, to manage and handle the distribution of your estate. Typically, the surviving spouse is first in line, followed by adult children, and then other family members. If no one is willing or able, a public trustee may be appointed.

What happens to my credit card debt or loans when I die?

Your estate is responsible for paying off debts, such as credit card balances or loans, before passing on assets to your heirs. If your estate lacks the funds to cover these debts, your survivors are typically not obligated to use their own resources to settle them.

What happens to federal and private student loans if you die without a will?

Federal student loans are typically discharged upon death, but some private loans may still need to be settled. If there’s a cosigner on the student loan, they might be accountable for the outstanding balance.

How often should I update my will?

It’s a good idea to review and update your will annually or after significant life events such as marriage, divorce, the birth of a child, or the purchase of a home.

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