None of us like to think about the end of life, but planning ahead makes all the difference for the people we love. One of the most important steps in protecting your family’s future is creating a will. Without one, your estate becomes subject to the laws of intestacy—legal rules that decide who inherits your assets when there’s no written direction in place. These laws vary by state, but the result is usually the same: the court, not your family, makes the final call.

At Donohue, O’Connell & Riley, we’ve seen firsthand how the lack of a will can lead to confusion, delays, and unintended outcomes. Understanding how intestacy works is the first step toward avoiding that uncertainty—and creating a plan that truly reflects your wishes.

How Intestacy Laws Determine Inheritance

When someone passes away without a valid will, their estate is considered intestate. This means the state’s intestacy laws dictate how assets are distributed. These rules follow a strict hierarchy and don’t take personal relationships or intentions into account.

Here’s a general breakdown of how assets are distributed under most intestacy statutes:

• Spouse and children: If both exist, the estate is typically divided between them based on percentages defined by law.
  
  
• Only spouse: The surviving spouse often receives the entire estate.
  
  
• Only children: The estate is divided equally among the children.
  
  
• No spouse or children: The estate goes to parents, then siblings, then more distant relatives.

This may sound straightforward, but it often becomes complicated—especially in blended families, second marriages, or when loved ones are estranged. Intestacy laws do not account for stepchildren, unmarried partners, or close friends, even if they played a significant role in the deceased’s life.

The Role of the Probate Court in Distributing Assets

When there’s no will to guide the process, the probate court steps in to supervise the distribution of assets. The court appoints an administrator, often a close family member, to manage the estate. This person has many of the same responsibilities as an executor named in a will, such as:

• Identifying and valuing assets
  
  
• Paying debts and taxes
  
  
• Locating heirs based on state law
  
  
• Distributing assets according to the intestacy statutes

However, without written instructions from a will, the process can be more burdensome, slower, and prone to disputes. The court’s role becomes especially critical when there’s disagreement among surviving family members, or when the heirs aren’t clearly defined.

Probate proceedings under intestacy can be time-consuming and emotionally draining, often dragging out for months or even years—during a time when loved ones are already grieving.

Implications for Spouses, Children, and Unmarried Partners

One of the most common misconceptions is that a surviving spouse will automatically inherit everything. In reality, intestacy laws may split assets between a surviving spouse and biological children, which can be especially complex in blended families. In some states, the spouse may receive only a portion of the estate, with the remainder divided among children from previous relationships—even if those children are estranged or minors.

For unmarried partners, the situation is even more precarious. Intestacy laws do not recognize cohabitation or common-law partnerships in most states. That means a lifelong partner may be legally entitled to nothing unless they are named as a joint owner on specific accounts or property deeds. These gaps can leave partners without access to shared assets or even the home they’ve lived in for years.

By contrast, a valid will gives you the power to make thoughtful decisions about who receives what and ensures that all loved ones—whether related by blood, marriage, or lifelong commitment—are protected.

Risks of Family Conflict and Unintended Outcomes

When a loved one dies without clear instructions, confusion and uncertainty can lead to family conflict. Disagreements over who should inherit what or who should serve as administrator can cause lasting tension among siblings, step-relatives, and surviving partners. Even when relationships start out amicable, the stress of navigating legal processes and financial questions can drive a wedge between family members.

In addition, intestacy may result in unintended outcomes, such as disinheriting close friends, stepchildren, or charities the deceased cared deeply about. Heirlooms or sentimental assets may be sold to satisfy estate obligations or divided in a way that feels impersonal and unfair.

Estate planning isn’t just about money—it’s about reducing emotional burden and preserving family harmony. A clearly written will eliminates ambiguity, makes your wishes known, and helps your family focus on healing instead of legal battles.

How Having a Will Avoids Uncertainty and Ensures Your Wishes Are Honored

Creating a will is one of the simplest and most effective ways to take control of your legacy. A will allows you to:

• Choose who receives your property and assets
  
  
• Name a trusted executor to carry out your wishes
  
  
• Designate guardians for minor children
  
  
• Leave specific gifts or charitable bequests
  
  
• Minimize the likelihood of disputes or court involvement

By putting your intentions in writing, you remove the guesswork and make life significantly easier for your loved ones. Your assets can be distributed more efficiently, and your personal values can be reflected in how you leave behind what matters most.

A well-drafted will ensures that your wishes—not state law—guide the outcome.

Take the First Step Toward Protecting Your Family’s Future

We understand that talking about estate planning can feel overwhelming, but the consequences of avoiding it can be far more difficult for your loved ones. At Donohue, O’Connell & Riley, we help individuals and families create personalized estate plans that provide clarity, security, and peace of mind. Whether you're starting from scratch or need to update an existing plan, our experienced attorneys are here to guide you every step of the way.

Let’s work together to ensure your wishes are honored and your family is protected. contact us to schedule a consultation.