Most people know they should have a will. Far fewer know what actually happens if they don’t.

When someone dies without a valid will, their estate doesn’t simply vanish into limbo. Instead, state law steps in with a default plan, called intestate succession, which decides who inherits and in what order. The problem is that the default plan rarely matches what people actually want.

Who typically inherits. In most states, intestacy laws favor a surviving spouse and children first, then move outward to parents, siblings, and more distant relatives if there is no spouse or kids. But the exact shares a spouse versus children receive can surprise people. A surviving spouse does not always inherit everything, especially if there are children from a prior relationship. And, in Arkansas the answer actually depends on how long the decedent was married to his spouse.

What it doesn’t do. Intestacy has no way to honor an unmarried partner, a stepchild you never formally adopted, a favorite charity, or a wish to leave more to one child than another. It also can’t name a guardian for minor children. That decision, without a will, is left to a court.

Why it usually takes longer and costs more. Without a will naming a personal representative, the court must appoint one, sometimes after resolving disagreements among family members about who that should be. That process adds time, expense, and in already-difficult moments, friction between people who are grieving.

The fix is usually simpler than people expect. A basic will doesn’t have to be complicated to be effective. For most people, it’s a matter of a few key decisions: who inherits what, who serves as personal representative, and who would care for minor children. From there, an attorney can help you decide whether a will alone is enough or whether a trust makes sense for your situation.

If you don’t have a will yet, you’re not alone, but it’s worth fixing before it becomes someone else’s problem to sort out.

—

Attorney Advertising. This post is for general informational purposes only and is not legal advice. No representation is made that the quality of legal services performed is greater than that of other lawyers. Laws vary by state and change over time — consult an attorney about your specific situation before acting on anything here.