Legal

What happens to an estate when there is no will

State law supplies a distribution when a person has not written one, and it rarely matches what the person would have chosen.

Legal · EDU Aid Network

Where there is no valid will, each state's intestacy statute decides who inherits, in a fixed order that generally runs through spouse, children, parents and more distant relatives. The statute makes no allowance for intentions nobody wrote down.

Some assets pass outside a will entirely. Retirement accounts, life insurance and accounts with a named beneficiary go to that named person regardless of what any will says, which is why reviewing beneficiary designations after a marriage, divorce or death matters as much as the will itself.

Property held jointly with a right of survivorship also passes directly to the surviving owner. How a deed is worded therefore decides more than most people realise.

A simple will, a durable power of attorney and a healthcare directive together cover most ordinary situations. Many states publish statutory forms, and legal aid clinics frequently run sessions specifically on these documents.

What to do next. Review the named beneficiaries on every account, and check how any jointly held property is worded on the deed.
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