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You may have a unique situation or have specific questions about what is right for you and your family. In these cases, it may be best to talk to an attorney.
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Do you have a large estate or an interest in more advanced estate planning tools like trusts?

If your estate equals or exceeds a value of $1 million, or needs special estate planning tools like trusts, it may be best to talk with an attorney.
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Our directory of experienced, local attorneys can help you with circumstances such as:
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Are you looking to have your estate planning basics covered?

Our Estate Planning Package includes a Last Will & Testament, Health Care Directive & Living Will, and Financial Power of Attorney to cover all of your basic estate planning needs.
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Do you have minor children?

If you have minor children, you will want to name a guardian for them.
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If you have a pet or pets, you will want to name someone to care for them.
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Do you want to leave gifts to people or a charity?

If you want to give items or money to people or charities, you will want to make what are known as “specific gifts.”
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Do you own a business?

If you own a business or a share of a business, you will want to plan for succession of ownership.
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Do you want to decide how your property is distributed when you pass away?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Do you want someone to handle your health care decisions if you are unable?

In case you are incapacitated, you will want to list your health care preferences and name someone to handle your health care decisions.
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Do you have a spouse with similar needs?

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Do you have a spouse with similar needs?

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Thank you for taking our quiz!
Your answers suggest you might benefit from:

Speaking with
a FindLaw Attorney

Our directory of experienced, local attorneys can help you with circumstances such as:
What’s included:
  • Being part of a blended family
  • Caring for children with special needs
  • Establishing and maintaining trusts
  • …and any other concerns you have!
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Estate Planning Package

For One person

$135
What’s included:
  • Last will and testament
  • Living will
  • Power of attorney
  • Free HIPAA release form
  • A comprehensive plan — for less
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

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$39
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For One Person

$39
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For One Person

$79
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Estate Planning Package

For two people

$255
What’s included:
  • Two wills, living wills, and powers of attorney
  • Two free HIPAA release forms
  • You and your loved one create your own estate plans tailored to your individual needs
  • Attorney-approved documents customized to your state’s laws
  • Free changes and revisions for up to one year after purchase
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Power of Attorney

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$78
What’s included:
  • Step-by-step guided process
  • A power of attorney that’s tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will

For Two People

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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Last Will and Testament

For Two People

$149
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
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Living Will + Power of Attorney

For one person

$78
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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Last Will and Testament + Power of Attorney

For one person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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Last Will and Testament + Living Will

For One Person

$118
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
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All done! Based on your answers, we recommend:

Living Will + Power of Attorney

For two people

$156
What’s included:
  • Step-by-step guided process
  • A living will tailored to your needs
  • Attorney-approved document compliant with your state’s laws
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase
  • A power of attorney that’s tailored to your needs
  • Free changes and revisions to your will for up to one full year after purchase
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All done! Based on your answers, we recommend:

Last Will and Testament + Power of Attorney

For two people

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A power of attorney that’s tailored to your needs
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All done! Based on your answers, we recommend:

Last Will and Testament + Living Will

For Two People

$227
What’s included:
  • Step-by-step guided process
  • Attorney-approved document compliant with your state’s laws
  • A last will and testament that’s customized to your wishes
  • Free changes and revisions to your will for up to one full year after purchase
  • A living will tailored to your needs
  • Free HIPAA release form
  • Free changes and revisions to your document for up to a full year after purchase

Understanding Intestacy: If You Die Without an Estate Plan

If you don’t have a will or estate plan, your state has one for you. If you die without a will, your state follows intestacy laws to distribute your property.

Table of Contents

What is Intestacy?

When a person dies without having a valid will or other estate plan, their property passes by “intestate succession” to heirs according to state intestacy laws. In other words, if a person does not have a will or other estate plan, the state intestacy laws dictate how to distribute a deceased person’s estate. All fifty states have intestacy laws of some sort, although they vary among the states. So dying without a will means the probate court determines who inherits your estate, including personal property, bank accounts, real estate, and the like, through a court-supervised probate process.

The purpose of intestate succession laws is to distribute the decedent’s estate in a manner that closely represents how the average person would have designed their estate plan if they had one. However, these laws can differ dramatically from a decedent’s wishes for distribution. For instance, someone may prefer to leave assets to charities or friends. However, intestacy laws do not provide for these distributions.

Furthermore, intestacy laws do not take into account your family dynamics. For example, if you are single, with no children, and die without a will, your assets go to your living parents. But what if your mother was the only one who raised you and had no contact with your father? Is it fair that your mother only receives half of your assets?

Intestacy Under the Uniform Probate Code

The Uniform Probate Code (the Code) is the starting point for many states’ laws. Nevertheless, the laws of different states vary significantly from each other and from the Code itself. However, the Code represents the best reference for a general discussion.

Under the Code, close relatives inherit before distant relatives. The classes of relatives whose members receive property under the Code include the following:

  • your surviving spouse,
  • your descendants (children, grandchildren, etc.)
  • your parents
  • the descendants of your parents (siblings, nieces, and nephews)
  • your grandparents
  • the descendants of your grandparents (aunts, uncles, and cousins).

The Code treats adopted descendants the same as biological descendants. Under this structure, if no relative exists, the property then “escheats” (goes by default) to the state.

Share Of Surviving Spouse

Under the Code, the decedent’s surviving spouse receives an intestate share. However, the share amount depends on whether you have descendants or children from a prior relationship. The intestate share your spouse may receive be as follows:

  • The surviving spouse receives the entire intestate estate if no descendent or parent of the decedent survives the decedent. So, if you don’t have children or living parents, your spouse gets your entire estate.
  • The surviving spouse receives the entire intestate estate if all of the decedent’s surviving descendants are descendants of the surviving spouse and there is no other descendent of the surviving spouse who survives the decedent. So if you and your spouse have children and no stepchildren exist, your spouse inherits your estate.
  • The surviving spouse receives the first $300,000 plus three-fourths of any balance of the intestate estate, if no the decedent has no descendants but has a surviving parent. So if you don’t have children but living parents, your spouse receives some of your assets, and your parents also receive part of your estate.
  • The surviving spouse receives the first $225,000 plus one-half of any balance of the intestate estate if all of the decedent’s surviving descendants are descendants of the surviving spouse, and the surviving spouse has one or more surviving descendants who are not descendants of the decedent. This means that if you have children with your spouse, but you also have stepchildren (children of your spouse), your spouse shares the estate with your children.
  • The surviving spouse receives the first $150,000, plus one-half of any balance of the intestate estate, if one or more of the decedent’s surviving descendants are not descendants of the surviving spouse. Therefore, if you have children that are not your spouse’s, your spouse shares the estate with your children.

These provisions illustrate how state laws for who inherits your assets may not potentially be the best for your family’s situation. Remember that your state’s intestacy laws may differ from the Uniform Probate Code, so check your state’s laws.

How to Avoid Intestacy

For most people, the idea of the state distributing their assets, real property (real estate), and other treasured belongings, is a strong motivator to take prompt steps to start estate planning.

By creating your will, you will be able to:

  • Control who receives your assets, property, and real estate.
  • Nominate a personal representative to administer your estate.
  • Nominate a guardian for any minor children.

A will ensures that you have taken care of your loved ones in the manner you choose upon your death.

In addition to making a will, you should check for assets that are not a part of the will, for example, life insurance policies, bank accounts, retirement, IRA, 401k, and investment accounts. Make sure you have the proper beneficiary designations on these accounts. Checking if estate taxes apply to your estate is also a good idea. You can create a living trust to reduce estate taxes.

If you want the peace of mind to distribute your estate to those you choose, we can help. Start this rewarding process of creating a will using FindLaw’s state-specific last will and testament forms.

Estate planning solutions to fit your needs.

Written by:

FindLaw Staff

Contributing Author

Reviewed by:

Catherine Hodder, Esq.

Senior Legal Writer