What Happens If You Die Without a Will?

Most of us don’t like thinking about death, but it’s part of life—and when someone dies without a will, it can leave behind more than just grief. It often creates confusion, legal complications, and unintended consequences for the people left behind.

When there’s no will, it’s called intestacy. In this situation, the law decides how your money, property, and belongings are divided. The government doesn’t usually keep your estate, but it does follow a strict formula that may not reflect your wishes.

For example, if you have a spouse but no children, everything typically goes to your spouse. If you have both a spouse and children, the estate is divided between them according to a legal formula—whether or not that’s what you would have wanted. If there’s no spouse or children, your assets are passed to parents, siblings, nieces, nephews, and more distant relatives, in a specific order. Close friends, stepchildren, and charities you care about aren’t included unless you’ve named them in a will.

A will also lets you choose someone you trust—called an executor—to handle your affairs. Without this, someone has to apply to the court to administer the estate, which can lead to delays or disagreements. And if you have children under 19, your will is where you name guardians to care for them. If you don’t, the court may have to decide who steps in.

But here’s an important point: your will needs to be valid and fair. If it’s not properly signed and witnessed, or if it leaves out certain people the law requires you to consider (like a dependent spouse or child), the courts may treat it as though you never made one. In that case, intestacy rules will still apply, no matter what your intentions were.

Making a will doesn’t have to be complicated or expensive. Quadra’s notary public Sally Houghton can help, and if your estate is very straightforward, you can use a do-it-yourself kit or trusted online resource. The most important thing is to make sure your will is clear, legal, and thoughtful of the people who rely on you.

None of us likes to imagine the worst, but making a will is one of the kindest things you can do for your loved ones. It removes uncertainty, prevents unnecessary stress, and gives you peace of mind knowing your wishes will be respected. So pour yourself a cup of tea, take a deep breath, and start the process. Your family will thank you.