You might ask a question about what is dying intestate. It is not an uncommon occurrence where an individual dies without framing a valid will. This is known as dying intestate. Under such circumstances, family, relatives, or unmarried companions suffer. 

Legally speaking, if an individual dies without a will, their property and assets are immediately frozen. The court intervenes to go through every record and system to evaluate the entire asset. Undoubtedly, the procedure takes a long time and family or relatives live in uncertainty. 

It is often mentally draining as well. There is a common misbelief amongst people that the closest relatives or family of the deceased have the right to decide regarding the property. The rules are set regarding when an individual dies without a will; their property automatically goes to the government.

Why should you have a will?

To form a will, it is important to know what happens when you do not have one:

Children

If you have children and no will in place, the court has the sole right to decide in absence of a guardian. Besides, if the child has a single parent who passes away without a will, the court will decide for the child. 

The child can also be handed over to any close or distant relative. In such a case, children might have to live with relatives they have not known their entire lives. The parent will have no say in this matter and the court will not consider other scenarios like a family friend who might have been close.

Money

Court also has the right to supervise and decide on the distribution of money. For instance – you had taken the responsibility of a family friend’s daughter or son and agreed to pay for their education. 

The money would not be handed over to them because there is no legal documentation providing evidence. The court would assign a representative to supervise the distribution of assets and wealth. Insurance policies and retirement money would be given to the mentioned beneficiaries. 

Single or married partnership

If an individual is single and without a will, but has children, they will inherit their entire property. If there are no children but parents who are alive, they get the inheritance. In absence of both, siblings will inherit property. 

If the individual is married, the spouse will inherit the property. Nonetheless, there are other matters involved such as – second or third marriages. 

Stepchildren would be involved in such cases. Complications would be more and your money might end up in the hands of people you wanted least to have it. Therefore, having a will is essential. 

If same-sex marriage is legalized in a nation, previously made wills would be accepted and not made void after a partner expires. 

However, dying intestate can be a hard scenario for all involved parties. People you cared about the most during your life might not get a penny from your property. Thus, to secure your family, relatives, or anyone else after your death, make a will while you are still fit.