What happens if you die without a will?

Many people assume that when they pass away, their spouse or children will automatically inherit everything. Unfortunately, that’s not always the case. Without a proper estate plan, the state decides who gets what—and their decision may not align with your wishes.

If you don’t have a will or trust in place, your family could face unnecessary legal battles, unexpected distributions, and even financial loss. Let’s break down what happens when you don’t have an estate plan and how you can protect your loved ones today.

Who Inherits If You Die Without a Will?

In Pennsylvania, when someone passes away without a will, their estate is distributed according to intestacy laws. That means the government has a default plan for who gets your assets. Here’s how it works:

✅ If you’re married with children: Your spouse does not automatically inherit everything. Instead, your assets could be split between your spouse and your children, even if they are minors.

✅ If you’re married without children: Your spouse will inherit some of your assets, but your parents could also get a portion of your estate.

✅ If you have children but no spouse: Your children will inherit your estate, but if they’re under 18, the court will decide who manages the assets on their behalf.

✅ If you’re unmarried and childless: Your assets will go to your closest legal relatives—such as parents, siblings, or even distant relatives—based on state law.

✅ If you have no legal heirs: Your entire estate may go to the state, meaning the government could take everything you’ve worked so hard for.

Why Intestacy Laws Can Create Family Conflicts

💔 Unexpected distributions: You may have intended for your spouse to inherit everything, but under Pennsylvania law, your children or even your parents could end up receiving a share.

⚖️ Court intervention: If your heirs disagree about how assets should be divided, they may have to go to probate court—leading to family disputes and costly legal fees.

⏳ Delays and frustration: Without a will or trust, your loved ones will likely have to go through the probate process, which can take months (or even years) before assets are distributed.

How to Protect Your Family & Legacy

✅ Create a legally binding will or trust – This ensures that your assets go exactly where you want them to.

✅ Name guardians for minor children – Without a designated guardian, the court decides who raises your children.

✅ Establish power of attorney documents – This allows someone you trust to make financial and medical decisions if you become incapacitated.

✅ Keep your estate plan updated – Life changes such as marriage, divorce, new children, or new assets should prompt an estate plan review.

Don’t Leave Your Legacy to Chance

What happens if you die without a will? Without an estate plan, you’re giving the government control over your assets and your family’s future. With the right planning, you can avoid unnecessary legal battles, protect your loved ones, and ensure your wishes are honored.

📞 Schedule a free consultation with our estate planning attorneys today and take control of your legacy https://book.entrustedlegacy.law/#/introcall