What happens if you die without a will?

Sometimes people think: I’m married, so what if I don’t have a will or a trust? Well, if you die without a will, it’s not that your stuff won’t get to another person, it’s just that the state where you’re living gets to decide. The state’s backup plan is called intestacy.

In California, your property would first go to your surviving spouse (if you have one). If you do not have a spouse (or if your spouse has predeceased you), then to your children (if you have any). If you don’t have children, then to your parents. If your parents have predeceased you, then to your siblings. If your siblings have predeceased you, then it goes to your nieces/nephews (their children). If you don’t have siblings, then everything goes to your aunts and uncles; or your cousins; or the children of your cousins, etc. etc. If you have no living relatives, California gets to be the beneficiary! This is extremely unlikely, though it is possible if none of your relatives can be reasonably located.

Remember, if you don’t have a will, then you also don’t have someone named as an executor. This meant that (hopefully) a loved one steps up to take that role and help figure out who gets what, or the state steps in. Either way, this is going to delay and cost more than you need it to.

If you have a will, you get to decide who gets what and who is the executor. In California, if you ONLY have a will, your estate will still go to probate court. (So you’ll save the questions for your family, but not the time and expense of a court proceeding.) If you have a trust, you get to decide who gets what, and when they get it, and how they get it. Your documents also allow you to select guardians for your children.

Still not sure what you need or why? Contact me for a complimentary consultation.