Did you know that less than half of Americans have a will?

A will is a simple document that outlines who you want your stuff to go to when you die. “My bike to Tony, my car to Lisa” or “everything to my kids.”

You can leave your stuff and you rmoney to anyone you want. Except, if you’re married, your spouse has the right to keep some of it. (Read about the spousal share here)

What Happens when you die without a will

If you die without a will, you are said to have died “intestate.” Thats just the word they use to describe it… According to dictionary.com, “Intestate” was borrowed into English in the 14th century from Latin “intestatus,” which was itself formed by combining the prefix “in-” (“not”) and the adjective “testatus,” meaning “having left a valid will.” “Testatus,” in turn, derives from the past participle of the verb “testari,” meaning “to make a will.”

So “intestate” basically translates to “no-will” in latin.. Which, why can’t we just call it that today? We need all this fancy shmancy lingo so that lawyers can justify their careers. Sorry, not sorry.

States have laws that say where your stuff goes if you die without a will. If you die without a will, states will give your assets to your closest relatives. If you have no relatives, the assets will go to the state.

So basically, the state will ALWAYS prioritize your closest blood relatives, even hire an investigator to track down your closest blood relatives if they can’t be found. If you have kids, your stuff will go to your kids first (BY LAW) (caveat: unless you’re married then your spouse gets a spousal share too). It isn’t until the state is CERTAIN that they can’t find any blood relatives that your assets will pass to the state.

States have different variations of the “intestate” laws. “Intestate laws” are default laws on how to distribute your assets if you die without a will.

In every state, the default intestate laws give your assets to close relatives and your spouse. They just have different percentages on who gets what.

Click here for Massachussett’s default laws, and click here for Connecticut’s default laws.