Dying Without a Will: Understanding Intestate Succession
When someone passes away without a will, they are considered to have died “intestate.” In this situation, state law determines how their property is divided. The rules of intestate succession specify who inherits first, how much they receive, and what happens when no close family members remain. Because each state’s laws differ, the outcome can vary widely based on where the person lived.
How Intestate Succession Works
Without a valid will, the court must appoint a personal representative to manage the estate. This person collects assets, pays debts, and distributes what remains according to statutory order. Typically, heirs receive property in the following order:
- Spouse and children: The surviving spouse usually receives the largest share, followed by biological or legally adopted children.
- Extended family: If no spouse or children exist, parents, siblings, nieces, or nephews may inherit next.
- No living heirs: When no relatives are located, the estate passes to the state through a process known as “escheat.”
This process aims to distribute assets fairly, but it often creates tension and confusion. Without clear written instructions, even small estates can lead to major family disagreements.
Why Dying Without a Will Creates Problems
The probate without a will process takes longer and involves more court supervision. Families must navigate additional paperwork and hearings before receiving any inheritance. Disputes may also arise over sentimental items, real estate, or who should serve as executor. Emotional stress often compounds the financial strain caused by delays and legal fees.
In Arizona, Title 14 of the Arizona Revised Statutes outlines intestate succession rules. Minnesota and Wisconsin have similar frameworks under their respective probate laws. You can read them directly at the Minnesota Legislature site or Wisconsin Statutes Chapter 852.
Benefits of Having a Will
Creating a will removes uncertainty and gives you control over your legacy. With a legally valid will, you can:
- Choose who inherits your property and how it’s divided.
- Appoint a trusted executor to manage your estate efficiently.
- Name guardians for minor children and dependents.
- Prevent unnecessary disputes among family members.
- Reduce court involvement and protect your loved ones’ privacy.
By documenting your wishes, you eliminate the confusion that causes family conflict. A will provides structure, ensures compliance with state law, and keeps decision-making in your hands rather than the court’s.
How to Avoid Intestate Succession
Working with an estate planning attorney allows you to prepare for every possibility. In addition to drafting a will, you can use trusts, transfer-on-death designations, and beneficiary accounts to keep certain assets outside probate. Regularly reviewing and updating these documents ensures your plan stays current and legally enforceable.
Contact Metropolitan Law Group
If you want to avoid intestate succession and protect your family’s future, start planning now. The team at Metropolitan Law Group helps clients in Arizona, Minnesota, and Wisconsin draft customized wills and estate plans. Call 866-902-6148 or book a complimentary 15-minute Discovery Call with our experienced staff today. We’ll help you ensure your wishes are honored and your loved ones are protected.
