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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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There are special considerations to make if you have a blended family or a child with special needs. 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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Do you have pets?

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 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 to specify someone who can make financial decisions for you if you are unavailable or incapacitated?

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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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All done! Based on your answers, we recommend:

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

For one person

$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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All done! Based on your answers, we recommend:

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

For two people

$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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All done! Based on your answers, we recommend:

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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All done! Based on your answers, we recommend:

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
Close

All done! Based on your answers, we recommend:

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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All done! Based on your answers, we recommend:

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
Close

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
Close

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
Close

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

What Happens If You Die Without a Will?

If you die without a will, the legal term for that is “intestate.” When this happens, the intestacy law of the state where you reside determines how your property will be distributed. Real estate you own in a different state will be handled under the intestacy laws of the state where the property is located.

Table of Contents

Intestate Succession Laws

Who gets a share of your property? Intestate succession laws define who your heirs will be. Those laws vary from state to state, but in most cases, your property is distributed in shares to family members, which could include a surviving spouse, adult or minor children, adopted children, parents, siblings, aunts and uncles, nieces, nephews, cousins, and distant relatives.

Who does not get a share of your estate? Stepchildren, long time partners, and loved ones who are not family members.

When no relatives can be found, your entire estate typically goes to the state. This includes bank accounts, retirement accounts and IRAs, real estate, and personal property.

Transfer of Property with a Deed

Some property does not get transferred through probate court but is conveyed by way of a property deed. In these instances, all other property of the estate would be divided as described above but the family home or other real estate would be transferred as follows:

  • Tenancy by the Entirety, or Joint Tenancy with Right of Survivorship: Both spouses own the property equally. When one spouse dies, the other spouse automatically inherits the share of the deceased spouse.
  • Tenants in Common: Each spouse owns a share of the property. That share may be unequal. If one spouse dies, the surviving spouse retains their share but the other share is divided among the heirs of the decedent.

Transfer of Property with a Named Beneficiary

Some property is conveyed to an heir as a named beneficiary on the document. This is the case with a life insurance policy. The deceased is the insured person and the beneficiary is the person who will receive the life insurance payout.

Retirement assets and bank accounts typically also have named beneficiaries. The asset can be transferred without going through probate. No will is required.

Assets placed in a trust (a living trust or an irrevocable trust, for example) are also not distributed through probate court. A beneficiary named in a trust need not be named in a will.

What Happens if You Die Without a Will and You Are Single?

In many states, intestacy laws award the estate in the following manner:

  • If you are married and childless, then the entire estate is awarded to your spouse.
  • If you are married and have children, then your entire estate is divided among your spouse and children, in equal shares. If any child has died before you, and that child has children, then the deceased child’s share will go to your grandchildren.
  • If you are single and have children, then your entire estate is divided among your children, in equal shares. If any child has died before you, and that child has children, then the deceased child’s share will go to your grandchildren.
  • If you are single and childless, your estate is awarded to your parents, equally.
  • If one parent has already died, the estate is divided among your surviving parent and siblings (including half-siblings).
  • If you have no surviving parents at the time of death, then your entire estate will be divided among your siblings in equal parts.
  • If there are no surviving parents or siblings, the estate would be divided among the descendants of your siblings (nieces and nephews).
  • If there are no close relatives, then cousins on your mother’s side would inherit one-half of the estate, and cousins on your father’s side would inherit the other half.

What Happens if You Die Without a Will and You Are Married?

How property is divided upon the death of a spouse without a will depends on several factors: Whether you live in a community property or separate property state, how your assets are titled, and your state’s intestacy laws.

In a community property state, your estate will go entirely to your surviving spouse.

In a separate property state, the rules vary depending on the state’s intestacy laws. In some separate property states, if you are married and have children with your current spouse, your entire estate will go to your surviving spouse. Otherwise, your surviving spouse could receive up to one-half of the estate, with the remaining portion passing to your surviving children from another partner.

In some separate property states, if you do not have children, your surviving spouse could receive 1/3 to 1/2 of the estate and your parents and siblings could divide the remaining share.

What Happens if You Die Without a Will and You Are in a Domestic Partnership?

Since not all states recognize domestic partners, it’s important to check the laws of your particular state to learn how property would be distributed upon your death. In states that recognize domestic partnerships — Connecticut, Hawaii, Nevada, Oregon, Vermont, Washington — a registered domestic partner inherits the same as a married surviving spouse.

For property that is conveyed through a deed, see above.

What Happens if You Die Without a Will and You Are Cohabiting or in a Common Law Marriage?

When someone dies without a will it can be devastating to unmarried couples who are living together. Intestacy laws only recognize relationships by blood, marriage, or adoption. Cohabiting couples typically cannot inherit the property of the other partner without a will that clearly states the decedent’s intentions that they inherit. If there is no will, the decedent’s property will be divided among relatives based on intestate succession law. The other partner will retain their separate property only.

Property owned by both parties as tenancy by the entirety, or joint tenants with right of survivorship will pass to the surviving partner.

As of 2018, seven states and the District of Columbia acknowledge common law marriage — Colorado, Iowa, Kansas, Montana, New Hampshire, Texas, and Utah. In New Hampshire, common law marriage is recognized only for probate purposes.

A common-law spouse may inherit in a state that recognizes this type of marriage (and possibly in states that recognize the common-law marriage of another state), but the inheriting partner will need to prove the existence of their common-law relationship.

If this applies to your situation, check the laws of the state in which you reside.

Worried About Dying Without a Will? Talk to an Attorney Today

Since estate planning can be quite complicated, it may be wise to speak with a local estate planning attorney. For a simple will or estate plan, see FindLaw’s estate planning forms.

Estate planning solutions to fit your needs.

Written by:

FindLaw Staff

Contributing Author

Ally_Marshall_image

Reviewed by:

Ally Marshall, Esq.

Managing Editor