A will is a powerful legal instrument that gives your last wishes the power of a court order. In addition to deciding who should get your belongings after you’re gone, writing a will allows you to choose the executor of your estate and nominate a guardian to care for your children. Without it, your belongings will be divided according to your state’s intestate laws, with outcomes you and your loved ones may not approve of. Below are answers to some common questions about this confusing area of the law.

Answers to Common Questions About Intestate Law

Does intestate law cover all of my assets?

While most of your belongings are subject to distribution by the probate court, there are some important exemptions. For instance, property held in trust will be handled according to the charter, and life insurance policies will go to the named beneficiary.

Will my spouse receive anything if I die without a will?

The spouse’s share of a decedent’s estate varies from state to state. In Washington, for example, your spouse will get your full share of any community assets, while any separate property will be divided between your spouse, children, or surviving parents.

How is an executor chosen?

The executor is the individual chosen to manage your estate through the probate process, inventory your assets, and settle any remaining debts. In the absence of a will, the court will choose a close family member to fill this role, potentially resulting in someone you don’t trust managing your estate.

What if I’m estranged from my family?

Probate courts are only concerned with the existence of family ties and won’t consider the quality of those relationships. If you pass away without a will, your most valuable belongings could go to people you haven’t spoken to in years or family members you don’t know at all.

If you haven’t written a will, let Molly McPherson of McPherson & McPherson Attorneys at Law in Coupeville, WA, guide you through the process and ensure your wishes are respected. For four years running, this law firm has won the Whidbey News Group’s Readers Choice Awards, thanks to their consistently high services and affordable rates. Visit their website or more on their estate planning services, or call (360) 678-4407 to schedule a consultation.