Probate

Probate Without A Will

Without a will, the court gets to decide everything for the deceased without their input. Learn how this works here.

Probate without a will is never a good thing. When a person doesn’t have a will, when they die and their estate goes through probate, it is completely left up to the state to determine how to distribute their assets.

Known as Intestate Succession, each state has its own laws when it comes to who gets what (for example, some states have laws that stipulate what percentage of the assets go to the wife, and what percentage—if any—go to the children). Without a will, the probate process is even more difficult than it is with one.

Probate without a will means that the court determines who the heirs are, and what each heir should receive. If there is guardianship of children to be determined, this is decided by the court as well.

Probate without a will also means that the deceased has no way of preventing certain persons from receiving assets. This means that if there is a certain person in your family that you wish to disinherit, you need to create a will to determine this. If you do not create the will, the courts could distribute some of your assets to this person, because it was not made aware of your wishes.

Probate without a will is not something you want to happen to your estate or your family. You can avoid this situation by creating a will, or you can avoid probate altogether by creating a living trust. Contact an estate planning professional or attorney in your area to begin immediately.