Dying without a will

Nov 30, 2023

The Consequences of Dying Without a Will

Many people postpone the process of writing a will, often because they don't want to think about their own mortality. However, dying without a will, also known as dying "intestate," can have serious consequences for your loved ones. Having a will in place ensures that your wishes are respected and your assets are distributed according to your preferences.

testamentary will

State Laws Determine Asset Distribution

When you die without a will, your assets are distributed according to your state's laws of intestacy. Typically, your spouse and children will be the first to inherit your assets. If you don't have a spouse or children, your assets may go to your parents, siblings, or other relatives. This may not align with your wishes, especially if you have specific individuals or organizations you want to leave your assets to.

Probate Process Can Be Lengthy and Costly

Without a will, your estate will go through probate, a court-supervised process of distributing your assets. This process can be lengthy, often taking months or even years to complete. It can also be expensive, with court fees, attorney fees, and other costs that can significantly reduce the value of your estate.

Probate lawyer

Guardianship of Minor Children

If you have minor children and die without a will, the court will decide who will become their guardian. This decision may not align with your preferences. By writing a will, you can appoint a trusted person to take care of your children.

Increased Family Conflict

Dying without a will can cause conflict among your surviving family members. Without clear instructions, your loved ones may disagree on how to distribute your assets, leading to disputes and potential legal battles. A well-drafted will can prevent such conflicts and ensure that your family remains united after your death.

Happy family after the separation matter is finalised by Mint Legal


While thinking about your own death can be uncomfortable, it's crucial to plan for the inevitable. By writing a will, you can ensure that your wishes are respected, your assets are distributed according to your preferences, and your loved ones are taken care of after your death. Don't leave your estate and your family's future to chance - make a will today.

Contact Mint Legal: [email protected] or call/text on 0452441583