No one wants to go through the process of estate planning. Not because it’s difficult, but because death is a subject few people want to discuss or think about. However, an untimely death or lack of opportunity to complete a will leaves a complex set of circumstances for family members who are left behind, particularly if there are children.  

What Happens if You Die Without a Will?

Who Will Inherit the Property?

The state of death without a will is called “dying intestate.” Intestacy laws were created for such circumstances to justify the best way to distribute the estate. There’s a set hierarchy of how assets are distributed in intestacy. Initially, the spouse will inherit everything. If the spouse is deceased, the children will inherit those assets. If there are no children, then the courts will move forward to other immediate family members.

Who Will Be Responsible for Distributing Property?

The probate court would be in charge of the distribution of the deceased’s estate to heirs if the owner of the property did not complete a will. It’s not uncommon for the judge to request a family member become the executor of the estate. However, if no one steps forward, the state will assign a trustee.

What Property Will Not Be Distributed Through Court?

There are some exceptional assets not distributed through probate court. Some examples include property with a beneficiary attached or those held in joint tenancy—also called shared survivorship marital property— such as insurance payouts, IRAs, real estate held in a transfer-on-death deed, and payable-on-death bank accounts.

Who can help?

When a person dies intestate, working with the probate court system may be frustrating for family members who are grieving and trying to manage a difficult situation. Hiring an attorney experienced in estate planning and probate matters will help you plan for the inevitable as well as ensure your last wishes are followed.

Alan A. Panek Law Office has valuable information to share with his clients as to how your property will be distributed if you die without a will. Contact his offices at (715) 421-4900 or visit their website to schedule an appointment. You will receive support from someone who specializes in estate planning and is well versed in Wisconsin’s intestacy law.