Dying without a will, or dying “intestate,” means your assets and property will be distributed according to state law, rather than according to your wishes. While laws vary by state, most states prioritize spouses and children in their intestate succession laws. For example, in Maine, a surviving spouse has the right to inherit at least half of an intestate estate and may inherit the entire estate if the decedent has no living descendants or parents. After spouses, descendants, and parents, there are also provisions for grandparents and their descendants, great grandparents and their descendants, and descendants of deceased spouses. If none of these relations survive you and you have no will indicating who should inherit, your property and assets can escheat to the State. (To read more about these laws, you can view the Maine Revised Statutes, Title 18-C, Article 2.)
Preparing a will can be especially important if you have a partner with whom you have no official legal relationship, or even if you have a registered domestic partner. Not all states treat registered domestic partners the same as a spouse for purposes of intestate succession, and in almost no state would a non-registered domestic partner be able to inherit anything from you if you died intestate, no matter how long or well acknowledged your relationship with that person was. A similar situation occurs if you have step-children whom you would like to have inherit. Because most people don’t ever formally adopt their step-children, they are not included in most state’s intestate succession laws, no matter how long you have raised and cared for them. However, by preparing a valid will, you can name anyone you want; the laws of intestacy won’t apply.
Simply put, if you don’t have a will, your probate assets will almost definitely not distribute in the manner you intend them to. Even if somebody knows your wishes, they will not be able to prove it in the absence of a formal Last Will and Testament document, and accordingly the probate court will not be able to follow your wishes. While some of your assets, like bank or retirement accounts, may not need to pass through probate, and will instead pass via beneficiary designation, it is still important to have a will in case the designated beneficiaries pre-decease you, for the many assets in your estate that cannot be beneficiary designated, and to ease the burden on those surviving you. Dying without a will can also cause conflict and stress within your family. Without a will to guide them, families are often left to argue over who should get what, and who should represent the estate through the probate process. Aside from hurt feelings and strained relationships, dying without a will can also be costly and time consuming for your surviving family. Probate generally becomes a more drawn out process when an individual dies intestate, anyone who wishes to inherit from your estate will have to file a petition to justify why they have a claim to the estate and pay any associated fees, and surviving family may need to potentially hire an attorney to navigate the process.
Rev 8/25
The information presented on this website is general in nature and not intended to be legal advice. No attorney-client relationship will exist with JKS, LLC unless agreed to in writing. Please contact us to discuss your particular situation.
