Most people know in the back of their minds that they should see an attorney to create their last will. However, it is an issue that always seems able to be pushed off another week, month, or year. So what happens if you pass without one? The following guide outlines the possible outcomes of not having this crucial document. 

What Happens if You Pass Away Without a Will?

The distribution of your property can go many ways, all of which depend on your family structure at the time of your passing. The assets will be divided according to who is left behind, and each scenario plays out differently.

The first and most straight-forward scenario is if you have children but do not have a surviving spouse. In this case, all your assets would be equally distributed amongst your children.

The next scenario is if you leave behind a spouse and biological or adopted children. When this happens, your assets are split into thirds, one of which goes to your spouse. The remaining two-thirds are divided amongst your children. 

If you were married but did not have any children, the distribution gets a bit more complicated. Your spouse will be entitled to 100% of all personal assets. But, if you owned land, they only receive half. The remaining half is divided amongst the surviving family members, with parents taking priority. If there are no surviving parents, or only one parent remains, the deceased’s siblings then have a right to a portion of the land. 

This outcome is similar for those who pass away without a spouse or children. In this case, your assets would go directly to either your parents or siblings. If neither are still surviving, the assets would be divided amongst your next of kin, such as a grandparent or uncle.

Why It’s Crucial to Have a Will

As you can see, without a will, the division of assets can be messy. With so much left up to fate, it’s likely some family members will feel they are owed a piece of property—this could create feelings of resentment, stress, and even legal action. Additionally, this might lead to someone getting a piece of property you didn’t intend them to have.

Instead, talk to an attorney about creating a will that clearly outlines who should receive what. This won’t just ensure minimal confusion and upset during an already difficult time—it will also provide you with peace of mind that your belongings are going to the right person after your passing. 

If you need to put together a last will, turn to the attorneys at Corey C Davis, CPA Attorney at Law in Kerrville, TX. With over ten years of experience, they have the knowledge and expertise needed to ensure your loved ones are taken care of after you’re gone. Visit him online to learn more about the services he offers. Call today at (830) 257-8800 to schedule an initial consultation.