A will is an important document that only about one-third of Americans have. What about the other two-thirds of Americans who do not have a will? These Americans will die “intestate.”
Intestate means that there was no valid will when a person died. Typically, probate is used to determine who would benefit from an estate. However, a valid will is typically required to start the probate process. Without a will, the deceased’s estate will enter a different legal process to determine who will inherit the deceased’s assets.
Dying without a valid will can be problematic for your loved ones
Without a valid will, the probate court does not know what the testator’s last wishes were, including how they wanted their assets to be managed. Instead, the state takes charge of the distribution of an estate. The state will appoint a representative to distribute assets, settle debts and manage any other duties to settle the estate.
One of the duties the representative may have to do is to identify heirs. An heir is anyone who may be legally entitled to the deceased’s estate. An heir may be the closest living relative, including a spouse, child, sibling, parent or grandparent.
Difficulties of not having a valid will
Intestate is not ideal. Testators may have unique instructions for how their assets are managed, such as distributing assets evenly between biological children and adopted children. Without a will, the testator’s intentions may not be realized.
Having a valid will is important for many other reasons, such as end-of-life care decisions. A will may be used to decide how a testator would be cared for if they were incapacitated. A will may also be necessary to decide the guardian of the testator’s children. Legal guidance can help people set up a valid will so that they can make sure that the people they love the most are protected after they’re gone.