What Happens When You Die Without a Will?

Guide

Dying without a will, also known as dying intestate, means that your estate will be distributed according to the law of the state where you reside. This may not be in line with your wishes, and it can cause unnecessary conflict and confusion among your loved ones. Here's what happens when you die without a will.

1. Intestate Distribution Among Spouse, Parents, and Issue

If you die with a spouse, descendants (called issue), and parents, your issue will get half of your estate, and the other half will be split equally between your spouse and your parents. This means that your spouse will receive less than half of your estate, which can be problematic in some cases.

2. Distribution Among Spouse and Issue

If you die without parents, but with a spouse and issue, your spouse will receive one-third of your estate and your issue two-thirds. If you leave no issue, but a spouse and parents, your estate will be divided half-half. This means that if you have children, they will receive a larger share of your estate than your spouse.

3. Distribution Among Parents and Issue

If you leave no spouse, but parents and issue, your issue will receive two-thirds and your parents one-third. This means that if you don't have a spouse, your children will inherit a larger portion of your estate.

4. Distribution Among Spouse, Parents, or Issue

If you leave only a spouse, or only issue, or only parents, they will receive the whole estate. This means that if you have no children, your spouse will inherit the entire estate. If you have no spouse or children, your parents will inherit your estate.

5. Distribution to Other Relatives

If you die without a spouse, parents, or issue, your estate will go to siblings, grandparents, or uncles and aunts in equal shares. If you leave no one behind, your entire estate will go to the government.

Dying without a will can cause unnecessary stress and conflict for your loved ones. It's important to take the time to create a will that reflects your wishes and ensures that your estate is distributed according to your wishes. By creating a will, you can provide your loved ones with peace of mind and avoid the complications that come with intestate distribution.

Heyimwill is here to help you get started with putting together your first will, all on your own through a simple and straightforward online will generator.

Sean
Co-Founder
April 22, 2023
WIll 101

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