What happens if I die without a will?

If you die intestate (without a valid will), your state's intestacy laws determine who inherits. Typically, assets go to your spouse and children first, then parents, then siblings. Unmarried partners, friends, and charities receive nothing, and the court decides who raises your minor children.

Do I need a lawyer to write a will?

Not necessarily. Many people use DIY will software or online services. But if you have significant assets, children from multiple relationships, a business, or want to disinherit someone, consulting an estate planning lawyer is strongly recommended.

What's the difference between a will and a trust?

A will only takes effect after you die and must go through probate. A living trust avoids probate entirely — assets in the trust pass directly to beneficiaries without court involvement, which is faster, more private, and often cheaper.

Wills and inheritance basics (US)

Plain-language guide · reviewed for general accuracy · United States

Nobody likes thinking about death, but having even a basic will can save your family months of stress, thousands of dollars, and bitter arguments. Estate planning in the US is governed by state law, so the specifics vary — but the core concepts are the same everywhere.

1. What a will does — and what it doesn't

A will is a legal document that says who gets your property, who manages your estate (the executor), and who should take care of your minor children (a guardian) when you die. But a will doesn't cover everything. Assets with named beneficiaries — life insurance policies, retirement accounts (401(k)s, IRAs), and payable-on-death bank accounts — pass directly to those beneficiaries regardless of what your will says. Jointly owned property with right of survivorship also bypasses your will. Your will controls everything else: personal belongings, real estate in your name alone, bank accounts without beneficiaries, and business interests.

2. What happens if you die without a will (intestate)

If you die without a will — known as dying intestate — your state's intestacy law decides who gets what. The typical order: your spouse, then your children, then your parents, then your siblings. Unmarried partners get nothing, no matter how long you've been together. Friends, charities, and stepchildren don't get anything either unless you named them. Most importantly, a court — not you — will decide who raises your minor children. Intestacy also means the court supervises the entire process, which costs time and money.

Tip: even a simple handwritten will (holographic will) is valid in about half the states if it's entirely in your handwriting and signed. But a typed will signed by you and two disinterested witnesses is far more reliable and works in every state.

3. Probate: what it is and how to avoid it

Probate is the court process that validates your will, pays your debts, and distributes your assets. It's public, takes months (sometimes years), and involves court and attorney fees. In many states, smaller estates can use a simplified "small estate" process that's faster and cheaper. If you want to avoid probate entirely, the most common tool is a revocable living trust — you transfer assets into the trust while you're alive, and when you die, they pass directly to your beneficiaries without court involvement.

4. Estate taxes and the federal exemption

For most people, the good news is that federal estate tax only kicks in for estates over $13.99 million (2026 figure, adjusted annually). A handful of states have their own estate or inheritance taxes with much lower thresholds — Oregon starts at $1 million, Massachusetts at $2 million. If your estate might be large enough to face taxes, talk to an estate planning professional about strategies like gifting, trusts, and charitable giving.

5. Where to start

The simplest first step is to list everything you own, everything you owe, and everyone you'd want to provide for. Then decide whether a DIY will, an online service, or a lawyer makes sense for your situation. If your life is straightforward — you're married, have adult children, own a house and a retirement account — a well-drafted DIY will may be enough. If you have a blended family, a business, a special-needs dependent, or assets in multiple states, spend the money on a qualified estate planning lawyer. Review your will every 3–5 years or after any major life event.

Common questions

What happens if I die without a will?: State intestacy laws decide who gets your assets. Unmarried partners, friends, and charities get nothing. A court chooses your children's guardian.
Do I need a lawyer to write a will?: Not if your situation is simple. DIY wills work for many people. But significant assets or complicated family situations call for professional help.
Will vs trust — what's the difference?: A will goes through probate after you die. A living trust avoids probate and passes assets directly — faster, more private, often cheaper.

Estate planning depends heavily on your state and your situation. Tell the assistant your state and biggest concern for a plain-language starting point.

This guide is general information about US estate planning law and is not legal advice. Will and probate laws vary by state. For your specific situation, consult a licensed estate planning attorney in your state.