What happens if I die without a Will?

If you die without a Will, or more generally speaking without estate planning in place, then your assets will be distributed by default state law. This is called dying intestate and your assets will pass by intestate succession. This process and who inherits varies by state law and your specific circumstances; intestate succession in Washington, DC is controlled by D.C. Code § 19-301 et. seq. and intestate succession in Virginia is controlled by Code of Virginia § 64.2-200.

Often intestate succession does not reflect how an individual would have wanted their assets to pass. For example, in Washington, DC, if a deceased individual is survived by a spouse and only children of the marriage, then the spouse receives two-thirds of the decedent’s assets and the children receive the remaining one-third. This could cause several complications, in particular with minor children inheriting assets. When minor children inherit assets, the court must appoint a guardian of the minor’s inheritance/estate (who often is NOT their parent) and the court will also generally micromanage the minor’s assets. Another example in Washington, DC is if a deceased individual is survived by a spouse (but no children), then one-half of the assets go to the spouse and the decedent’s parents receive the remaining one-half. Virginia’s law differs from Washington, DC’s, and in both of the above examples the spouse would inherit everything from the decedent. Intestate succession accounts for many different scenarios, including survived by spouses, children of the marriage, children outside of the marriage, parents, siblings, cousins, etc., and each jurisdiction differs as to exactly how and to whom the assets will pass. In some cases, this could mean assets pass to an unknown second cousin or a family member you otherwise would have disinherited instead of a friend or family member you are close with or even a charity. Although it is impossible to speculate on a decedent’s wishes, it is doubtful that intestate succession is the inheritance structure they would have wanted the majority of the time.

A property drafted estate plan ensures your assets pass in the manner you desire and also ensures the entire process is as simple as possible for your loved ones and fiduciaries. If you are interested in discussing an estate plan, please contact us for a consultation.