No Will? Here’s What Really Happens To Your Property

We get it—no one loves thinking about end-of-life planning. But here’s a hard truth: if you pass away without a will, the state—not you—gets to decide what happens to everything you’ve worked for. If you have questions about how to avoid this, regardless of how much or how little you will leave behind, our Huntsville, AL wills lawyer is here to help.

At New Beginnings Family Law, we believe in giving families the knowledge and tools to protect what matters most. If you’ve ever wondered, “Will the state take everything if I don’t have a will?”—here’s the answer, and why creating a will still matters.

What Happens If You Die Without A Will?

Dying without a will is called dying intestate. That means the court will follow Alabama’s intestacy laws to determine who inherits your assets.

The good news? The state does not automatically take your property—unless no living relatives can be found.

In most cases, your assets will pass to people who are related to you: spouses, children, parents, grandparents, siblings, nieces, nephews, cousins, and so on.

Here’s How The State Distributes Your Assets

Let’s look at a few common scenarios:

• Spouse but no children? Your spouse inherits everything.
• Children but no spouse? Your children inherit everything.
• Spouse and children (all shared with spouse)? Your spouse receives the first $50,000 of your estate, plus half of what remains. Your children split the other half.
• Spouse and children (not all shared with your spouse)? Your spouse gets half; your children get the other half.
• No spouse or children, but living parents? Your parents inherit everything.
• No spouse, children, or parents? Your siblings inherit everything.

It sounds fair, but reality is often more complicated—especially when stepchildren, adopted children, or blended families are involved.

So… Why Bother With A Will?

Great question. A will gives you control. It allows you to:

• Choose who inherits your property (including friends, charities, or stepchildren)
• Name a guardian for minor children (which is not necessarily a definitive decision on custody but can provide the court with insight into what you would have wanted)
• Appoint an executor or personal representative of your estate that you trust
• Prevent conflict and confusion for your family
• Most importantly, it saves your loved ones time, money, and stress during an already difficult season.

You Don’t Need To Be Wealthy To Need A Will

Estate planning isn’t about having millions—it’s about protecting what matters, however big or small. A will ensures your wishes are honored and your family isn’t left scrambling.

At New Beginnings Family Law, we help make estate planning simple, compassionate, and personalized. Contact our compassionate staff today. New Life. New Direction. New Beginnings.