What if there is no will, and no estate plan?

All states have a default will for people who die intestate, which means to die without a will. Assets that have named beneficiaries or are owned jointly are not affected. Normally the default will distributes the assets with the following priority:

  1. spouse and children
  2. parents and siblings
  3. other relatives: grandparents, aunts, uncles, nieces, nephews, cousins
  4. the state if no relatives named above can be found

The state will use the assets to pay the costs of settling the estate, including court costs. They will also decide the guardians of any minor children or dependents.

Sizable fees, default distribution of assets, and no say in the guardianship of dependents result from the lack of a will.