03 Mar What Happens If You Don’t Have a Will?
When you turned 18, you legally became an adult. Then along came your 20s and 30s. Pretty soon, you’re already in your 40s or 50s, and you never stopped to make a will.
Most people know they should have a will, but life gets busy, and the years go by. But no matter how old you are, whether you’re 25 or 75, you need to have one. Failing to write a will is more than a minor inconvenience for your loved ones. They’ll also have to deal with a prolonged legal process called probate, and wait for the court to decide who inherits your assets.
What Does “Dying Intestate” Mean?
If a person passes away without a valid will, they are said to have died intestate. In that case, Arizona’s intestate succession laws take over, and the state gets to decide who receives their property.
Under Arizona law, the distribution of assets follows this specific order:
- Surviving spouse
- Children
- Parents
- Siblings
- Extended relatives
While this process may seem straightforward, it does not reflect the nuances of real families. Stepchildren, unmarried partners, and best friends will get left out entirely unless you name them in your will.
Another disadvantage of dying intestate is that the probate process can take months or even years. The legal fees that fund this process will come directly out of your estate, leaving less money for your loved ones.
During probate, the court will freeze your assets, leaving family members without access to your bank accounts and investments. Plus, the extra stress of a lengthy court process can be overwhelming on top of already dealing with grief.
Why Does Everyone Need a Will?
Wills are not just for the elderly or for wealthy people. It can be complicated to divide even a modest estate without clear instructions. If you have children, own your home, or care about what happens to your belongings, then you need to have a will.
You can use your will to:
- Appoint a legal guardian for your children (or a caregiver for your pets)
- Name an executor to carry out your wishes
- Pass down family heirlooms or collectibles
- Protect your digital assets
- Provide for an unmarried partner
- Keep your money from falling into the wrong hands
- Support a cause you care about
What Happens to Your Children If You Don’t Have a Will?
If you’re a single parent with young children, dying intestate creates an urgent legal problem: who will raise your kids? Without a will that names a guardian, a judge will have to make that crucial decision instead, and their choice might not align with your wishes. Writing a will means you can choose a guardian that cares about your children, who will raise them the way you intended.
What Happens to Your Partner If You Don’t Have a Will?
For unmarried couples, dying without a will means your long-term partner has no legal claim to your estate. Even if you and your partner shared a home and lived together for decades, your biological relatives will inherit instead.
At the very least, you need to name your partner as a beneficiary in your will. You can also take extra steps like setting up a trust or drawing up a transfer-on-death deed so they get to keep your home and retain access to your accounts.
What If You’re Single and You Don’t Have Children?
If you want to have any kind of say at all in who inherits your possessions, then you need to write a will. For instance, if you’re not on good terms with your immediate family, and would prefer to leave your assets to a friend or a nonprofit organization, you need a will. Or, if you have no blood relatives and don’t want the state to claim your assets, you need a will.
Writing a Will Prevents Disputes
Failing to write a will increases the likelihood of legal delays and disputes in probate court. In fact, 58% of families will experience conflicts and court involvement when a loved one dies intestate. These types of conflicts can tear a family apart.
As long as a will is legally valid, it is difficult to dispute. Although wills can be disputed, the court will usually decide in favor of the original document. Anyone challenging your will would have to prove there was undue influence or that you were not of sound mind.
Need Help Writing Your Will?
If you don’t have a will, someone else gets to make your decisions for you. The law determines your heirs, the court appoints an administrator, and your loved ones will have to spend time and money navigating a process you could have simplified with proper planning.
The good news is that estate planning doesn’t have to be complicated. At Phelps LaClair, we’ve been helping Arizona families protect their assets and their loved ones for over 40 years. We can help you draft a legally valid will and advise you on the best ways to make sure your wishes are carried out.
Contact us to schedule a free consultation in Chandler, Mesa, Scottsdale, or one of our other Phoenix Valley locations.
Photo by Rhodi Lopez on Unsplash with permission under the Creative Commons license for commercial use 2/18/26.