When you pass away without a will, it’s called dying “intestate.” In this case, the state’s intestacy laws take over to decide how your assets are distributed. These laws vary by state but typically prioritize close relatives like your spouse and children. While that might sound reasonable, it often doesn’t reflect your unique wishes.

For instance, some states divide assets between a surviving spouse and children, which can leave your spouse with less financial support than you intended. If you don’t have close relatives, the state may pass your assets to distant relatives or even claim them itself. This process ignores friends, caregivers, or charities you may have wanted to include.

Beyond distribution issues, dying without a will can lead to disputes among your loved ones. Without clear instructions, arguments over who gets what can escalate into lengthy and costly court battles. If you have minor children, the court will also decide who raises them—a decision that could go against your preferences.

This is where a trust can make a big difference. Like a will, a trust allows you to specify how your assets should be distributed, but it offers additional advantages. A trust bypasses the probate process entirely, meaning your loved ones won’t have to navigate the court system to access your assets. This saves time, money, and stress.

Trusts also provide more privacy than wills, as they aren’t part of the public record. Plus, they give you greater control over how and when your assets are distributed. For example, you can set conditions for inheritance, such as reaching a certain age or achieving specific milestones.

By creating a will or trust—or both—you can take control of your legacy. It’s about more than avoiding legal complications; it’s about protecting your loved ones, preserving your wishes, and ensuring peace of mind for everyone involved.

Regal Estate Planning is here to guide you through the probate process when your family needs it most–call us today!