What happens if I die without a will?

When a person dies without a valid will, state intestacy law controls who receives probate estate property. A court appoints an administrator. The result may differ from the person's unwritten wishes, and property that passes by trust, title, or beneficiary form follows separate rules.

General information

• Intestacy applies only to property that enters the estate.
• Beneficiary-designated and jointly owned property may pass another way.
• A court may still need to appoint a guardian for minor children.

Service steps to consider

1. Considering preparation of a valid will if the person wants written choices.
2. Keeping beneficiary forms consistent with the overall plan.
3. A licensed attorney can provide advice about family rights or unusual property.

Quick check

• Are all names spelled the right way?
• Did I name backups?
• Do my account forms match my will?

How Complete Wills can help

Complete Wills' will-based questionnaire can record the names, beneficiaries, executor choices, guardian nominations, and other instructions used to prepare the included documents. The customer remains responsible for reviewing the result and completing the applicable state signing requirements. Support can explain fields but cannot tell the customer whom to choose or how to divide property. Customer support can explain website features and questionnaire fields, but it cannot choose documents, people, distributions, or legal terms, interpret a completed document, or explain how the law applies to a person's facts. Only a separately engaged licensed attorney may provide legal advice within the attorney's engagement.

Important limits

• A will does not control every asset. Title, contract terms, trust ownership, and beneficiary forms may control instead.
• Spousal rights, omitted-family rules, disinheritance, and will-signing rules vary by state and may require an attorney. This article gives general information only. A licensed attorney can explain how state law applies to a specific estate plan or document.