If you die without a Will state law creates a “Will Substitute” (the rules of intestacy) for your probate assets by allocating them among your heirs and your surviving spouse, if any. You cannot choose your heirs, but if you have a Will you can choose your beneficiaries.

If you die without a Will your probate assets are controlled by a personal representative called an Administrator. An Administrator must seek court approval for major decisions which can delay the process and increase costs.

Dying without a Will can be especially problematic for parents of children with disabilities.  The rules of intestacy pass assets to heirs regardless of their ability to manage those assets and the effect such an inheritance will have on their continued eligibility for means-tested government benefits and services. See the “Special Needs Planning” tab for planning techniques geared towards families with children with disabilities.