What Happens When a Person Dies Without a Will?

You may go over in your mind who in your family and friendship circle should receive certain possessions and assets after you pass away, yet never think far ahead enough to put it in writing. You may think that it will never really happen to you or that even if it did, no one's going to be worried about material possessions. Think again.

Function

A person who dies without a will leaves everyone hanging. Wills are meant to be a declaration of person's wishes--not only for her funeral and burial, but personal instructions for the distribution of her assets and belongings as well.

Significance

If there is no such last testament written up, it falls on the family's shoulders on how to proceed. This often means choosing a representative or representatives to make the decisions. If they cannot decide unanimously who that should be, it will upon the court to appoint a executor of the estate for the deceased.

Types

What happens when a person dies without a will in court varies from situation to situation. Usually if there are any clear cut heirs--such as a surviving spouse or children--they will be appointed by the judge.

Effects

If there are a few people that feel that they should be executors, this can sometimes mean family discord and drawn-out court battles. It can divide the family further in its grief long after a final ruling is made.

Prevention/Solution

To avoid any further burdens on family members in the event of your untimely death, you need to consider what happens when a person dies without a will. It very rarely turns out the way that you wished it would.