If you die without a will, the state decides how your assets are distributed — according to a default set of rules known as intestacy. Those rules are designed to be fair. They are not designed to reflect what you would have chosen.
The default plan
Every state has a statute that governs the distribution of property when someone dies without a will. In most states, the default plan prioritizes a surviving spouse and children, then parents, siblings, and more distant relatives. If no relative can be found, the estate passes to the state.
The default plan rarely matches the actual intentions of the person who died. It does not account for stepchildren, unmarried partners, close friends, or charities. It does not account for family estrangements. It does not consider whether a particular asset should be kept in the family or sold.
The state's plan is a fallback. Yours is a decision.
What probate actually looks like
Without a will, your estate generally passes through probate — a court-supervised process that can take months or years. Probate is public. Fees and costs are paid out of the estate. And because the court must confirm who the rightful heirs are, even simple estates can become slow and expensive.
A properly drafted will — or, more often today, a trust — can move assets outside probate entirely, keeping the process private, faster, and far less costly.
What a will does that a default plan cannot
A will lets you name who receives what, choose who administers the estate, name guardians for minor children, and make specific gifts — including to people and causes outside the default rules. It is the simplest, most direct expression of intention available in the law.
For most families, the will is the foundation. Trusts, beneficiary designations, and coordinated titling sit on top of it, forming a complete plan.
Where to begin
The conversation is the first step. Bring what you know about your assets, your family, and your intentions. We'll help you see the plan — and then we'll help you build it.