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What Happens If You Die Without a Will?
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Aug 2009
No matter how small your property or assets, whether you're single or married, whether or not you have children or even pets, it's important to have a will that designates what happens to your property after your death. Most people are aware that they should have a will, but many people never get around to writing one, leaving the courts to decide who gets—or doesn't get—what.
Intestacy
Although laws pertaining to dying without a will (intestate in legal terms) vary by state, distribution of property and assets generally follows a similar pattern. In other words, every state has a "default" plan for the distribution of property in the event that you die without a will. The laws follow a predefined formula and might not be what you want or expect.
This pattern of property distribution depends primarily on whether you are married—domestic partnerships count—or single, and whether you or your spouse or partner has any children.
Single?
The least complicated scenarios associated with dying intestate are single without children and single with children.
For example, Jane is single, her parents are still alive, and she has a nephew she adores; she would like to leave him money for his education when she dies. If Jane dies without a will, her property and assets will be distributed to her parents because she is single and has no children or spouse. If her parents were to predecease Jane, her property would go to her siblings—who may or may not pass the money to her nephew for his education.
Even if Jane had expressed to her friends and family that she wanted her money to go to her nephew, it's up to whomever inherits the money to use it for the nephew's education—which may or may not happen. The only way Jane can ensure that the money is used for her nephew's education is to specify it in her will.
In scenario #2, Ron is single and has two children. If he dies without a will, his estate will be split evenly between his children. Normally this is what a parent prefers, but if Ron wants to leave his daughter more money because she has a family to raise and his son doesn't, he must specify it in his will. Otherwise, the property will be divided equally and Ron's grandchildren may not reap the benefits Ron intended.
Married?
Dying without a will when you are married or have a domestic partner becomes even more complicated.
If you are married with no children, state laws vary widely on how your estate is distributed. In some states, a surviving spouse can inherit everything. In other states, typically only one-third to one-half of the estate is given to the surviving spouse with the rest going to the deceased's parents. In the event that the parents are also deceased, the rest is split among the deceased's siblings. Similarly, for those who are married with children, the surviving spouses typically inherits one-third to one-half of the estate with the remainder being divided among the children.
Your Wishes
The only way to ensure your wishes are carried out is to write a will and keep it up-to-date. When major life changes—marriages, divorces, births, deaths, interstate moves—occur, you should review your will and make any necessary changes.
Have you been putting off writing a last will? You shouldn't. You can get a will quickly and easily at LegalZoom.
Most Viewed in Last Wills
Comments
Submitted by on Mar 6, 2010 - 8:59PM
I hvae been married to the same man since 6/12/1987 we have one son, and I have 2 children from another marriage.
Total time that we have lived together was since 1980.
5 years ago my husband deceided that it was time to buy a house,cashed in some insurance policy to rise the down pay, HE got the house. My credit was bad so my name is not on any of the papers, only that I am he wife.
Question what would happen if something would happen to him, would I have to move out of the house
Submitted by on Mar 23, 2010 - 6:55AM
Not an expert here, but I think your name can be on title/deed to the home without being on the security instrument (mortgage/note). You can look into that, or get a will to dictate what happens to your husband's property on his death.
Also, sounds like your husband may already have life insurance, but you might want to check that it is sufficient to pay off any existing liens on the property and leave enough for burial expenses, child care (if they still require your support), and enough to set you in the right direction on his death (for my family, there is enough for my wife to live on during and pay for a 4-year college degree if she wants to go back to school to help her future earnings).
Submitted by on Apr 14, 2010 - 10:35AM
My husband and I have been married for 30 years. He has 4 grown children from a previous marriage that he does not interact with. All of our property is owned jointly. We live in Tennessee...should he die without a WILL would everything come to me as joint owner or will it go to probate seeing he has adult children. I have no children.
Submitted by on Apr 29, 2010 - 3:07PM
My father passed away approximately three years ago. My stepmother, stated there was not will and took everything that my father owned which we believe he had a life insurance a 401K plan he owned 1/2 the house, bonds and other property. Do we have any recourse to contest any of this after 3 years. We live in the State of NJ. Your help would be much appreciated.
Submitted by on May 26, 2010 - 10:14AM
We're sorry to hear of the situation you're facing and extend our best wishes to you. Unfortunately, we can't provide you with advice on what legal options you might have. Please check out our attorney referral network to search for an attorney who might be able to assist you: http://attorneyconnect.legalzoom.com
Submitted by on Aug 7, 2010 - 6:27AM
Your question is VERY similar to the situation that my husband and I are in now !!!! His mother died, he took everything saying there was no will,( even though mom told us kids that should anything ever happen to her that we would be taken care of) and my husband and his siblings got nothing !!! I am wondering if you got any answers to this yet ? For us it has only been about 6 months. I myself get a weird feeling that maybe he had something to do with her death also.............. thats a different story though. Please e-mail me if you found out what you should do or if there was anything that you could do, and what steps you took to do them. Was it legal for her to take everything ???
Submitted by on Jul 22, 2010 - 11:17AM
My mother was 93 years old when she passed away
she had 3 wills made out in the course of her life.
when she died she had demetia; and was taken a lawyer
to do a final will; however, she did not remember doing it.
and I am sure the lawyer was not told her condition.
what can be done?
Submitted by on Jul 29, 2010 - 11:55AM
We are very sorry to hear of your loss and we extend our most sincere condolences. However, because we are not a law firm, we are unable to provide you any advice regarding this situation. We can help you find an experienced attorney to assist you. Please refer to http://attorneyconnect.legalzoom.com
Submitted by on Aug 11, 2010 - 10:49PM
My Mom died & everyone knows that I got the house, no problem there, but she had a reverse mort. on the house & I was suppose to be the benificiary but we can't find my name on the contract. We've gotten one extension to stop foreclosure but I don't know what I need or what to do. My husband & I are both on a fixed income & I'm afraid that I'm going to lose my home of 44 yrs.
Submitted by on Aug 27, 2010 - 5:01PM
Please accept our deepest condolences for your loss. Thank you for thinking of us with to help with your situation, and while we would like to help, our specialty is legal documents, not legal advice. We can help you find a lawyer to answer your questions, though. Please visit our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Oct 19, 2010 - 7:51PM
My mother passed away a year ago and left me a house in florida that i am left paying the mortgage and i want to sell it or rent it but i don't have the legal rights to do so because she didn't have a will. i want to know what do i can do to change the title in my name so that i can sell it. Please advise me on what i can do myself, so i can avoid the extra expense of hiring an attorney.
Submitted by on Nov 3, 2010 - 10:28AM
We are sorry to hear of your loss and extend our condolences. We'd love to help, but our specialty is legal documents, not legal advice. We can help you find an affordable lawyer to answer your questions, though. Check out our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Dec 10, 2010 - 1:13PM
Did you find the answer. If you did, please let me know, I am in a similar situation.
Submitted by on Oct 29, 2010 - 8:19PM
What would happen if both partners died and no family exists and no will is available? What would happen to the assets then?"
Submitted by on Nov 23, 2010 - 10:47AM
Hi Ahmed, this is a great question. While LegalZoom provides high quality legal documents, we are not a law firm, thus cannot provide advice on this matter specifically. An attorney might be able to provide you more insight on this situation however. Please visit our attorney referral service at http://attorneyconnect.legalzoom.com
Submitted by on Nov 20, 2010 - 12:27PM
My mom is a widow the house is hers and she has a car which is hers... The doctor has give her 6 months to a year to live. My brother said that even if she has no will we get her house and car is this true? I also need to know about a living will. The doctor said she needed a living will because of her health she will not be able to decide on her on. So is it the law to having as living will? or can we decide for her without a living will? Please help me I am trying to cope with all her needs.
Submitted by on Dec 16, 2010 - 6:32PM
Hi, thanks so much for your question. We are sorry to hear of the situation you and your family are facing. Do keep in mind that LegalZoom is not a law firm thus cannot advise you on which type of document to purchase nor can we give you legal advice. However, we do offer Estate Planning documents such as a Will and Living Will. Give us a call (1-800-773-0888, 7am-6pm PST, M-F) or send us an email (psinfo@legalzoom.com) if you have questions. Or get started right away at: http://www.legalzoom.com/living-wills/living-wills-overview.html.
Submitted by on Jan 11, 2011 - 7:27AM
My father died 7 months ago in Cleveland , TN
i AM ONE OF TWO CHILDREN FROM HIS PREVIOUS MARRIAGE.
MY STEP MOTHER ALSO HAS 2 CHLDREN BY HIM.
NO WILL HAS BEEN FILED TO DATE.
IF THERE WAS NO WILL DO MY BROTHER AND I HAVE ANY
OPTIONS TO GET SOME SORT OF INHERITENCE<
HOW LONG DO PEOPLE HAVE TO FILE A WILL?
SHOULD WE HIRE A LAWYER?
Submitted by on Jan 28, 2011 - 4:44PM
Hello, we are sorry to hear of your loss and extend our deepest condolences. Just a reminder: LegalZoom makes it easy and affordable to create your own legal document, but we don't give specific legal advice. We can help you find an attorney with our attorney referral network: http://attorneyconnect.legalzoom.com
Submitted by on Jan 31, 2012 - 10:58PM
please give me info on your outcome/battle. (i assume it is!) My situation sounds alot like yours and need help! Thanks!!
Submitted by on Mar 8, 2011 - 9:46AM
My partner and I have been together for 32 years and live in N.J. I know we need a will. I think it would be simple.
I don't know if being together 32 years makes us leagally domestic partners. Is there something we have to do?
We would want everything that we own ( house, cars,furniture,pets ,everything ) to go to the one that survives. I have made arrangements pertaining to my 401k and life insurance to make sure Thomas listed on both. Could you please give me some info.
Thanks for any comments
Al & Tom
Submitted by on Mar 23, 2011 - 6:24AM
when my dad passed away on nov.29,2010 my mom was intitle to his life insurance, when l received the check in feb.2011 my mom, after battleing cancer died on dec.24,2010. she lived with me and l care for her l had power of attoney but that is voked went she died, and she never or l for the matter thru of doing a will, so there is no will, l call the insurance company to and sended them the death cert., and they said for me to get this check l have to go to court to fill out a form to be allow to receive the check, being that my mother had nothing no assets she lived check to check what forms are the right one for me to fill out the courts can not advice me how to fill it out or what forms l need there do not even have the forms to give me l have to downloaded. l do not work l care for my husband who is diasble and blind, so l can not afford to get a lawyer. please help me l am trying to do this myself the right way, it is very confusioning. thank you for your time rosa
Submitted by on Apr 14, 2011 - 10:48AM
Hi Rosa, we are sorry to hear of your loss and extend our deepest condolences. Unfortunately, we do not offer the forms you are seeking, and we are unable to provide legal advice since we are not a law firm. An attorney might be able to guide you in the right direction. If you want help finding an attorney, try our Attorney Services: http://attorneyconnect.legalzoom.com
Submitted by on Apr 17, 2011 - 9:46AM
My husband died without a will. His two children want to sign a release for their interest in the property. Is there a form for this. The house has a mortgage and there is no other property. P.S. I talked with an attorney that wants to charge me 5 to 6 thousand dollars. Crazy amount, i think.
Submitted by on Jul 2, 2011 - 12:47PM
My sister died intestate in Ohio. Her husband precedeased her in 1995. They had no children and her parents are deceased. She had 3 surviving siblings and two died before her estate closes. Does her entire real and liquid property go to the sole surviving sibling or is it shared with the surviving spouses of the deceased siblings? Also another sibling died in 1988. He has 4 grown children, all married. His surviving spouse remarried. Is she entitled to any of the estate assets? Please advise.
Submitted by on Jul 29, 2011 - 2:31PM
Hi Robert, thanks so much for thinking of LegalZoom. We're sorry to hear about this situation. However because we are not a law firm, we are unable to provide legal advice regarding your sister's estate. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.
Submitted by on Aug 6, 2011 - 12:29PM
My son died without a will. He still lived at home with his mother and I. He had some stocks and a few thousand dollars in his checking account, but I am told that I can't get access to any of his accounts.
Are there any documents for a Power of Attorney of some sort that would allow me to access these funds?
Submitted by on Oct 10, 2011 - 9:48AM
Hi, thank so much for your inquiry. We are so sorry to hear of the situation you are facing, however as LegalZoom is not a law firm we are unable to provide legal advice regarding what documents you would need as our Power of Attorneys are only in effect while someone is still alive. However, you can get free legal advice on the LegalZoom Facebook page every Tuesday and Friday. Check out Free Joe: http://zoo.mn/FreeJoe.
Submitted by on Dec 12, 2011 - 10:57AM
My mom dided and as far as I kmow there is no will. She lived with my brother in the end her sss checks go in my brother checking account, she has a motor home and a car and personal effects there are 4 children how do we stop my brother from keeping everything. Is there a way to go about it the proper way so we all have a say so.
Submitted by on Dec 18, 2011 - 2:21PM
My mom passed away 8 months ago. She did not have a will. I have 4 brothers and 1 sister who want to sign a release for their interest in the property. How do i go about this?
Submitted by on Dec 23, 2011 - 2:10PM
My father passed away on December 15,2011.They had a mortgage for the house which was in my dads name,and he had no will.Will my mom loose the house,and is there anything we can do.Where to start.we live in new york state
Submitted by on Jan 17, 2012 - 2:37PM
My husband and I have been married for 50 yrs and have no will or living trust. We own two pieces of property...will this proptery automatially to to our two children or do we have to have a will or trust.....if we don't have one and die, do they have to go through probate to obtain the property
Submitted by on Jan 20, 2012 - 3:33PM
Hi- thanks for thinking of LegalZoom! We can help with all kinds of Estate Planning documents on our website. Give us a call at (800) 962-7590 (M-F) or e-mail us at psinfo@legalzoom.com, and we can give you more information.
Submitted by on Jan 18, 2012 - 6:09AM
My husband dies without a will. He owned a business with his brother and nephew. There was no probate because he had no life insurance and no assets.The business has not made a profit but there remains 13,000. His brother offered me 10,000 for my husbands share. Now he says we have to have avadavits from my son and grandson and grandaughter before then he says I need to open up a probate but there is none except this business. In the state of Ala does the spouse automatically become part ownet in the death of her husband. Please answer thank you
Submitted by on Feb 16, 2012 - 7:34AM
Thanks for contacting LegalZoom. We are sincerely sorry to hear of your loss, but since we're not a law firm, we can't give specific legal advice regarding you husband's company. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe for more information.
Submitted by on Jan 27, 2012 - 11:12AM
My father passed away he had only two children my self and my brother.My brother said there was no will and that he had power of attorney and we would split everything equal between the two of us except for the house I got the house ..But because there was no will should the deed or name on title be automatically transfered to me..with out question
California
Submitted by on Feb 21, 2012 - 11:50AM
Hi Colleen - Thanks for contacting LegalZoom. We are sorry to hear of your loss and extend our deepest condolences. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding your father's house. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.
Submitted by on Jan 27, 2012 - 11:21AM
my father passed away with no writen will he has only two children. the children myself and my brother to split everthing equal between us except the house he left to me .
I lived in the home already and there has never been any question that the house went to me but my brother who also said he had power of attorney not to worry we would work together...That never happened he just left the country told me we'd wait and handle every thing when he came back but that never happened ..I still live in the house it is mine right if i need to now have my name on the deed..what do I do
Submitted by on Feb 21, 2012 - 11:51AM
Hi Colleen - Thanks for contacting LegalZoom. We are sorry to hear of your loss and we extend our deepest condolences. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm, we can't give specific legal advice regarding the home. However, you can get free legal advice on the LegalZoom Facebook page every Friday and Tuesday. Check out Free Joe: http://zoo.mn/FreeJoe.
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