What happens if you die without a will?
Thinking about the future isn’t always the easiest, but making the choice to plan ahead can make a huge difference for your loved ones. A will is a legal document describing how you would like your properties and other assets to be distributed after your passing.
Without a will (or alternative estate planning option) in place, you lose that choice. Instead of your wishes guiding the process, state laws will decide how your assets are distributed and who gets what. This can lead to confusion and unintended consequences for your family.
The consequences
When a person passes away without a will, their estate goes through a process called intestate succession. Intestate succession means the court will follow state laws to determine who inherits the property. In South Carolina, assets are distributed to the closest relatives, such as:
- Children
- Spouse
- Parents
- Siblings
But the process isn’t always straightforward.
Without your clear instructions, disputes may arise between your loved ones, who might have different expectations about what should occur. This can lead to legal battles and added emotional strain during an already difficult period. In some cases, loved ones you want to provide for may receive less than you intended for or even nothing at all.
Having a will makes sure your wishes are known and legally protected. It allows you to choose who receives your assets and who manages your estate.
Creating a will is one of the most important steps you can take to protect your loved ones and make sure your wishes are respected and carried out. To make the process easier and work to prevent potential complications, consider seeking legal guidance to help you create a plan that gives you the best peace of mind and provides for those you care about.