On May 26, 1656 in New Haven Connecticut, James Hindes died leaving a will that gave all of his assets to his wife, Mrs. Hindes.

When the will was entered into probate, it raised eyebrows at the court.

James and his wife had several minor children together, and the court asked “what about them?”

The wife was agreeable to provide for the children, but this was not enough.

The court stated “men may not make wills as they will themselves, but must attend to the mind of God, who doth provide that children have portions and the eldest have a double portion”

Citing Deuteronomy, the court ruled that the estate of James Hindes must be split evenly between the wife and children.

If you were alive in 1656, your will and assets wouldn’t be distributed according to your own wishes, but in accordance with biblical law.

Thankfully, in 2024, the laws have dramatically changed.

We no longer impose biblical law when distributing assets.

Today, you’re able to distribute your assets according to your own wishes, with some caveats.

What Happens If You Die Without A Will?

Dying without a will is called “intestate succession.” That’s the legal term.

The word “intestate” comes from the Latin word intestatus. Intestatus is a combination of the prefix “in-” meaning “not” and the adjective “testatus” meaning “having left a valid will”. “Testatus” comes from the past participle of the verb testari, meaning “to make a will”. The English language borrowed “intestate” in the 14th century

So to die “intestate” means to die without a will.

When you die without a will, the laws of “intestacy” command.

Don’t be disoriented by the latin rooted phrases, just remember that whenever you see some variations of the phrases “intestate” or “intestacy” or “intestate succession,” they are simply referring to those who have died without wills.

Every state has specific laws that command when a person dies without a will. Those laws follow the contours of biblical and common sense principals, which dictate that if you die without a will your assets should go to your closest relatives.

So, without even getting into the language of the law, the bottom line is this: if you die without a will, your assets will go to your closest relatives.

Think about your closest relatives. Kids, spouse, parents, brothers, etc…

But just like biblical law, American law ranks more distant relatives lower on the hierarchy of beneficiaries who stand to inherit your assets.

For example, your wife and kids would be prioritized over a cousin or even your parents… So, logically the law would give your assets to them first before they considered cousins or other distant relatives.

Alright, I get it. So what will happen if I die without a will?

Now that you know the ideological underpinnings of the law, here’s what would practically happen if you die without a will.

In Connecticut, the laws of intestacy are codified under Chapter 802B

First thing to consider is that even if you have a will, your spouse is entitled to 1/3 of your assets no matter what. You can’t disinherit a spouse through a will, although you can through a trust Sec. 45a-436

If you die with only a spouse and no children, all your assets will go to your spouse.

If you die with a spouse and a parent (but no children) — the first $100,000 and 3/4 of the estate will go to your spouse. The remainder is divided equally among the parents.

If you die with a spouse and children — your spouse takes 1/2 the estate. If your children are also your spouse’s children then your spouse also takes $100,000. If they are not, your spouse only takes 1/2. Whatever remains is divided equally among the children in the same generation.

If you die with children but no spouse —shares are divided equally among the children in the same generation.

If you have no spouse or children – shares are divided equally among your parents.

If you die with no children, no parents, and no spouse–shares go to brothers and sisters or descendants. Shares are divided equally if takers are in the same generation. If there are no brothers and sisters, then to the “next of kin in equal degree.”

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