A will takes 30 minutes to create online, costs less than dinner for two, and prevents your family from spending months in court fighting over your wishes. Yet 67% of Americans don't have one. If you're in that 67%, this page shows you exactly what happens — and how to fix it today.
When you die without a will, you die "intestate." That means:
- The STATE decides who gets your money, your house, and your stuff — based on a formula, not your wishes.
- A JUDGE decides who raises your children — not you, not your family.
- A COURT appoints someone to manage your estate — and they may not be the person you would have chosen.
- Your family spends thousands of dollars and months in court sorting out what a $69 will would have handled in 30 minutes.
You worked your entire life to build something. Without a will, a stranger in a black robe divides it up based on a formula written by politicians who never met you.
How States Divide Your Estate Without a Will
Every state has intestacy laws — a default distribution formula for people who die without a will. The formula varies by state, but the general pattern is the same:
If you're MARRIED with children:
- • Spouse gets: 50-100% (varies by state)
- • Children split: the remainder equally
WV specific: Spouse gets first $50,000 + 50% of the rest. Children split the other 50%.
If you're MARRIED with no children:
- • Spouse gets: 100% in most states
- • Some states: Spouse gets 50-75%, your PARENTS get the rest
If you're SINGLE with children:
- • Children split everything equally
- • If a child has died, their share passes to THEIR children (your grandchildren)
If you're SINGLE with no children:
- • Parents get everything
- • If parents are deceased: siblings split it
- • If no siblings: nieces and nephews
- • If no living relatives: the STATE takes everything (escheat)
If you're BLENDED FAMILY (remarriage):
- • This is where intestacy causes the most damage
- • Your new spouse may get everything — leaving your children from your first marriage with NOTHING
- • Or your children get a share that conflicts with your spouse's ability to keep the house
Intestacy formulas were not designed for modern families.
What Intestacy Gets WRONG
Your unmarried partner gets nothing.
Intestacy only recognizes legal spouses. If you've been with someone for 20 years but never married, they inherit ZERO. Your estranged sibling you haven't spoken to in a decade? They might inherit more than the person you shared a life with.
Your stepchildren get nothing.
Unless legally adopted, stepchildren have no inheritance rights under intestacy. You may have raised them for 15 years — the law doesn't care.
Your favorite charity gets nothing.
Intestacy distributes only to relatives. That church you tithed to for 40 years, the animal shelter you volunteered at, the scholarship fund you always talked about — nothing.
Equal doesn't mean fair.
Intestacy splits assets equally among children. But what if one child has been caring for you for 5 years while another hasn't visited in a decade? Equal feels deeply unfair — but that's what the formula produces.
Your best friend gets nothing.
The person who would have given you a kidney gets nothing. Your cousin you met twice at a reunion might get more. Intestacy follows bloodlines, not relationships.
Intestacy is a one-size-fits-all formula applied to a life that was anything but one-size-fits-all.
The Most Devastating Consequence — Who Raises Your Kids
If you die without a will and have minor children, a JUDGE decides who raises them.
Here's what that looks like:
- A family court hearing is scheduled. Your children may be placed in temporary foster care or with a relative while the court process plays out.
- Family members petition for custody. Your mother wants them. Your sister wants them. Your ex's parents want them. Your best friend — who you always said should raise your kids — has no legal standing because they're not related.
- A judge who has never met your children decides. Based on testimony, home studies, and legal arguments — not based on what YOU wanted, because you never wrote it down.
- Family members fight. Custody battles between grandparents, aunts, uncles, and step-parents can last months, cost tens of thousands of dollars, and permanently damage family relationships — while your children watch.
All of this is prevented by ONE sentence in a will: "I appoint [Name] as guardian of my minor children."
That sentence takes 10 seconds to write and prevents months of court battles. If you have children and no will, stop reading this page and go make one right now.
Affiliate link · We may earn a commission
What Dying Without a Will Costs Your Family
Probate court costs
$2,000-$10,000+
court filing fees, attorney fees, administrator bond
Attorney fees
$3,000-$15,000+
your family hires an attorney to navigate intestate probate — more complex and expensive than probate WITH a will
Administrator bond
$500-$5,000
the court requires the estate administrator to post a bond — a cost that doesn't exist when your will names an executor
Time
6-18 months
intestate probate takes LONGER than probate with a will because more court oversight is required
Family conflict
Priceless
siblings who fought over the estate may never speak again
Total cost of dying without a will: $5,000-$30,000+ in legal fees and 6-18 months of court
Total cost of making a will: $69-$199 online. 30 minutes.
Your family will spend more time in court than you would have spent making the will. And the legal fees will cost 50-100x more than the will itself.
5 Families Who Died Without a Will
David and Maria lived together for 12 years. Never married. David owned the house. David died without a will. Under intestacy, David's house goes to his mother — not Maria. Maria, who lived there for 12 years, has 30 days to move out. David's mother has no legal obligation to help.
The fix: One sentence in a will: "I leave my home to Maria [last name]."
How to Make a Will Right Now
Option 1: Online — 30 minutes, $69-$199 (recommended for most people)
Trust & Will — $69
Will + power of attorney + advance directive. State-specific. Guided interview.
Create Your Will Now →Affiliate link · We may earn a commission
Option 2: Attorney — $300-$1,000 (recommended for complex situations)
Blended families, business owners, estates over $1M, special needs beneficiaries. Find an estate planning attorney through your state bar association.
Option 3: Handwritten (holographic) will — $0 (TEMPORARY only)
If you want something in place TONIGHT before you can do Option 1 or 2, handwrite the following on a piece of paper, sign it, and date it:
This is legally valid in approximately 25 states. It is NOT a substitute for a proper will — but it's better than nothing while you arrange one.
Complete guide to making a will →
$69 and 30 Minutes Prevents Everything on This Page
Every horror scenario above is prevented by one document. Make it today.
Trust & Will — $69
State-specific · Will + POA + advance directive
Create Your Will →Affiliate link · We may earn a commission · Doesn't affect your price
Cover the Funeral Bill
A will distributes your assets. But the funeral bill ($7,848+) arrives within 7 days — before the will is even read. Final expense insurance pays within 72 hours so the funeral is covered before probate begins.
Call 1-855-321-3094No medical exam · $30-$70/month · Ad · We may earn a referral fee
Frequently Asked Questions
You May Also Find Helpful:
How to Make a Will
7-step guide to creating a legally valid will — online ($69), with an attorney, or DIY.
Read →Estate Planning Checklist
Everything you need to get your affairs in order — wills, trusts, power of attorney, and more.
Read →What My Family Needs to Know
The one document your family needs — finances, passwords, wishes, contacts, and final letters.
Read →