8 Surprising Things That Can Happen if You Die Without a Will

Writing a will can ensure your wishes are honored after you’re gone. A will makes sense whether you are older and starting to prepare for retirement or are much younger and simply want to get things in order in case the unexpected happens.

Yet, millions of Americans don’t have a will, leaving their estates at the mercy of state lawmakers. If you die without a will, the repercussions could be surprising, costly, and sometimes heartbreaking.

Here’s what can happen if you don’t plan ahead.

If you die without a will — which is known as dying intestate — state intestacy laws take over.

These laws dictate how your assets are distributed in a process known as intestate succession. It divides your property based on your closest legal relationships. This can include your children, parents, siblings, or other relatives.

These laws vary by state, which means your estate might not be divided as you intended. Personal wishes, sentimental gifts, or charitable donations all may be overlooked.

If no immediate family members can inherit your estate, long-lost cousins might suddenly appear, clamoring for their cut.

If no heirs can be found, the state may take control of your assets. This could leave your intended beneficiaries — like close friends or a partner — without a penny, and your wealth redirected to people or places you never intended.

A lack of clear instructions often sparks family disputes. Siblings, children, parents, and even ex-spouses may battle over assets, causing rifts that last for generations.

Without a will, loved ones may argue over the decedent’s wishes. Disappointed family members may assume the decedent was unduly influenced — or that the designated heirs are undeserving.

Probate is the legal process of distributing assets. It is time-consuming and expensive. Without a will, it becomes even more complicated, with a greater reliance on lawyers.

Legal fees come straight out of the estate proceeds, resulting in a smaller inheritance for loved ones.

If you have minor children and no will, the courts decide who will become their guardian. This decision might not align with your preferences, leaving your kids in the care of someone with views on parenting and education you might not like.

The process can also cause delays, uncertainty, and prolonged legal battles during an already traumatic time for your family.

Pets are often overlooked in estate planning. Without clear instructions and the necessary funds, your furry friends might not receive the care you intended.

These pets could end up with someone unprepared to care for them or in an animal shelter if you don’t make future provisions now.

It’s not widely known, but the majority of states do not afford domestic partners all of the same legal rights as spouses.

In many states, at least some counties or cities will offer at least some domestic partnership benefits. However, benefits typically are neither statewide nor uniform.

If you’re not married and don’t have a will, your partner might be left with no claim to your property, even if you shared a house and life together. This can leave them struggling financially. They might even lose the home you both shared.

Without a will, your loved ones might not know how you want to be laid to rest. Would you prefer burial or cremation? Open casket or closed? A small ceremony or a big celebration of life?

Your family might have to make these decisions on their own if you haven’t left a will. That can lead to disagreements and acrimony.

Dying without a will leaves your assets and final wishes in limbo. Your estate will be subject to state laws and costly legal processes.

If you spent years trying to build wealth and eventually accomplished that goal, you need to protect what you’ve worked for by creating a will that clearly outlines your wishes.

You may also want to leave behind a letter of intent with your will, where you explain who is getting what and why. Such a letter may prevent family conflicts after you’re gone.