What Happens If You Die Without a Will

Dying without a valid will is called dying intestate. When that happens, the government — not you — decides who inherits your assets, who raises your children, and who administers your estate. Every country and US state has its own intestacy laws, and they rarely reflect what most people would actually want.

In the United States, intestate succession typically distributes assets to a spouse and children first, then to parents, siblings, and more distant relatives. If you are unmarried and your partner is not legally recognised, they receive nothing — regardless of how long you were together. In many EU countries the rules are similarly rigid, with forced heirship provisions that reserve fixed portions for certain relatives, sometimes overriding the deceased's wishes entirely.

The stakes are even higher if you have minor children. Without a will naming a guardian, a court will appoint one. That judge may never have met your family. The person you trusted most to raise your children — a sibling, a close friend, a grandparent — has no legal standing unless you put it in writing.

The Numbers Don't Lie

Despite the obvious risks, most adults still haven't done anything about it:

  • A 2023 Caring.com survey found that only 34% of Americans have a will — meaning roughly 6 in 10 adults have no estate plan at all.
  • In the United Kingdom, research by Canada Life found that 54% of adults have no will, including more than 5.4 million people over the age of 55.
  • Across the EU, figures are similarly stark. In Germany, around 60% of people die intestate. In France and the Netherlands, a majority of estates are settled under statutory succession rules rather than a written will.
  • The most common reason people give for not having a will? "I haven't gotten around to it yet."

Procrastination is the single biggest obstacle — not cost, not complexity, not lack of assets. The task simply keeps getting pushed to tomorrow, and tomorrow never comes.

What a Will Can Do for You

A properly executed will does far more than distribute property. It is the foundational document of any estate plan, and it gives you control over decisions that would otherwise be made by strangers.

  • Name an executor. Your executor is the person responsible for administering your estate — paying debts, filing final tax returns, and distributing assets according to your instructions. Choosing someone you trust, and making sure they agree to the role, prevents family conflict and court delays.
  • Designate guardians for minor children. This is arguably the most important thing a will does for young parents. Without it, a court decides.
  • Distribute assets according to your wishes. Specific gifts to specific people — a car to a nephew, a piece of art to a friend, a charitable donation — are only possible if you put them in writing.
  • Express funeral and burial wishes. While a will is often not read until after a funeral, recording your preferences gives your family clarity and spares them difficult guesswork during an already painful time.
  • Protect digital assets. Photographs, domain names, cryptocurrency wallets, online accounts — these often have real financial and sentimental value. A will can address who inherits them and how to access them.

Common Excuses — and Why They Don't Hold Up

"I'm too young." Accidents and sudden illness do not discriminate by age. Dying intestate at 32 with two young children creates far more hardship than dying intestate at 82. The younger you are, the more likely your estate plan will need to address guardianship.

"I don't have enough assets." Estate planning is not only for the wealthy. If you have a bank account, a car, a pension, or a digital collection of any kind, a will provides clarity. And if you have children, a will is essential regardless of your net worth.

"It's too complicated." For most people, a basic will is straightforward. You do not need a complex trust structure. You need to name an executor, specify who gets what, and — if you have children — name a guardian. That can be documented in a few pages.

"I'll do it later." Later is the most dangerous word in estate planning. Life is unpredictable. The best time to write a will was years ago; the second best time is now.

EU vs. US: Key Differences

For those living in or moving between jurisdictions, the legal landscape matters.

In the European Union, EU Regulation 650/2012 (known as Brussels IV) allows EU citizens to elect the law of their nationality to govern their estate, rather than the law of the country where they habitually reside. This is significant for expats: a German citizen living in Spain can choose German succession law in their will. Without that election, Spanish law — including its forced heirship rules — applies by default.

Forced heirship is a feature of many civil law jurisdictions (France, Spain, Italy, Belgium, the Netherlands, and others). It reserves a legally protected share of the estate — the réserve héréditaire or equivalent — for children and, in some countries, spouses. You cannot disinherit a child in these countries the way you might in an Anglo-American jurisdiction.

Some EU countries and US states recognise holographic wills — handwritten and signed entirely in the testator's handwriting, without witnesses. While this is better than nothing, a formally witnessed will is more robust and less likely to be challenged.

In the United States, will requirements vary by state but generally require the testator to be of legal age, of sound mind, and to sign the document in the presence of two witnesses who are not beneficiaries.

How to Get Started

The most important step is simply to begin. Gather a list of your assets, think about who you want to benefit from your estate, and identify who you trust to serve as executor and — if relevant — guardian for your children.

A structured will template gives you the framework to organise your thoughts before you sit down with an attorney. Legati lets you generate a will document in minutes, walking you through each section at your own pace. The resulting document is a useful starting point — something concrete to review with a qualified legal professional in your jurisdiction. Create your free account and take the first step toward securing your legacy today.