What Happens If You Don’t Have an Estate Plan?

A clear breakdown of probate, state laws, and what your loved ones could face without a plan in place.

Estate planning might not be the most exciting topic—but it’s one of the most important. And while many people know they should have an estate plan, a surprising number still haven’t taken action.

So, what really happens if you don’t have one?

The short answer: the state steps in, and your loved ones are left navigating a complicated, time-consuming, and often stressful process—all while grieving.

Here’s what you (and your family) could face without an estate plan in place:

Your Assets Go Through Probate

When someone dies without a will (called dying “intestate”), their estate goes through a court-supervised process known as probate. This process determines:

• Who will handle your estate (the court appoints an administrator)

• Who gets what (based on state laws—not your wishes)

• How debts and taxes are paid

The downside? Probate can take months—or even years. It’s often expensive, public, and emotionally draining for your family.

State Laws Decide Who Gets What

Without a will or trust to guide the process, your state’s intestacy laws will decide how your property is distributed. In most states:

• If you're married, your spouse may inherit most—but not necessarily all—of your estate.

• If you have children, they may split your estate with your spouse.

• If you’re unmarried, your estate might go to parents, siblings, or even distant relatives.

Important note: Long-term partners, stepchildren, friends, and charities typically receive nothing unless specifically named in a legal document.

Your Loved Ones May Disagree

Without clear instructions, well-meaning family members can easily clash over:

• Who should make decisions

• How things should be divided

• What your wishes “would have been”

This can lead to tension, family rifts, or even legal battles—all of which can be avoided with a thoughtful estate plan.

No One Can Make Decisions If You Become Incapacitated

Estate planning isn’t just about what happens after you’re gone. It also includes important tools like:

• Durable Power of Attorney – for financial decisions

• Healthcare Power of Attorney & Living Will – for medical decisions

Without these documents, your loved ones may need to go to court just to get permission to pay your bills or make healthcare choices on your behalf.

Your Minor Children Could End Up with a Court-Appointed Guardian

If you have young children and no will naming a guardian, the court could decide who raises them. That decision might not reflect your values, preferences, or family dynamics.

Taxes and Fees Could Eat Into Your Estate

An estate plan can help minimize estate taxes, legal fees, and delays—especially if it includes tools like trusts or beneficiary designations. Without planning, more of your money may end up in the hands of the government instead of your family.

The Bottom Line

Not having an estate plan doesn’t mean nothing will happen. It means things will happen by default—often in ways you wouldn’t choose.

Taking the time to create even a basic estate plan can make a world of difference for the people you care about most. It’s not about how much you have—it’s about making sure what you do have is protected, accessible, and distributed according to your wishes.

If you’ve been putting it off, now is a great time to take that first step. Your future—and your family—will thank you.

*Infinitas does not provide legal or tax advice. You should consult a legal or tax professional regarding your individual situation.