Establishing a proper will ensures that your assets are distributed to the heirs of your choice upon your death. And if you have any debts, the executor of the will is responsible for using assets within your estate to pay off your liabilities.
However, not everyone writes a will. In fact, only 32 percent of Americans have a will, according to a recent survey by Caring.com, a firm that helps people find senior living arrangements.
So what happens to the assets and debts of those who end up passing away without a will? Let’s take a look.
Assets
When you pass away without a will or trust, you die “intestate.” In this case, state laws on intestate succession determine how your assets are distributed to heirs.
Most states have laws which indicate that assets of a deceased person are automatically passed on to the surviving spouse or domestic partner if they have no children.
If you have one child, assets are generally split between the surviving spouse and the child. And if you have more than one child, one-third goes to the surviving spouse and the rest goes to your children.
But it’s important to note that children eligible for inheritance are those born to you or adopted by you. This means stepchildren don’t count.
And if you don’t leave behind a spouse nor children, your assets would generally be distributed among other heirs in order of importance as determined by state law.
This can include grandchildren, parents, siblings, nieces, and nephews. And if no relatives are found, the state typically absorbs your estate.
Accounts With Beneficiaries
When you open certain financial accounts, you may designate a beneficiary to inherit its assets upon your death. This holds a lot of strength. Your designated beneficiaries would get the account’s proceeds regardless of state law. So it’s important to make sure that you declare the right beneficiaries when you open these accounts. Some examples include individual retirement accounts (IRAs), Roth IRAs, 401(k)s, and life insurance policies.
These accounts are, technically, not owned by your estate.
But what about your liabilities like credit card and student loan debt?
Debts
When you pass away, your debts aren’t simply wiped out. Instead, they are paid using the assets in your estate before anyone inherits anything. Your estate is basically everything you own. This can include cash, savings, investments, and physical property like a home or vehicle.
Your debts may include credit cards, student loans, personal loans, medical bills, and more. Your estate would get put through a legal process called probate in order to settle these debts before your heirs get any inheritance.
But if there aren’t enough assets in your estate to pay off all debts, some debts may go unpaid and creditors would eat the losses. In some cases, credit cards would be paid off last because they are known as unsecured debt. But debts like mortgages and car loans are secured by physical property, so they’re paid off first.
In most cases, heirs like surviving spouses won’t be responsible for paying debts out of their own pockets unless the following conditions are met:
- co-signer on a loan or outstanding debt
- joint account holder on a credit card (not authorized user)
- state law requires spouse to pay specific type of debt
In addition, it’s important to note that you may live in a community property state that requires a surviving spouse to use jointly-owned property to pay off the deceased’s debt.
This applies to the following states: Alaska (if a special agreement is signed), Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
Why Wills Are Important
By drafting a legal will, you decide exactly how you want your assets to be distributed upon your passing. And it also would ensure that someone of your choice would take over as legal guardian of your children.
You can simply write one or build one using online software. However, you have to meet the following criteria for the will to be legitimate:
- Be at least 18 years old
- Be of sound mind
- Sign it
- Have at least two witnesses (not heirs) view the signing
In addition, you also need to select an executor. This person would be responsible for making sure the terms of the will are carried out based on your wishes. They also would be responsible for using the assets in your estate to pay off any debts.
And remember, your will is a living document. This means you can update it over time if you wish.
The Bottom Line
Passing away without a will can mean your assets and debts go through a complicated and lengthy legal process. It also could mean that your assets won’t be distributed as you would have sought fit. This is why it’s important to carefully draft a proper will. It’s also helpful to seek the help of a qualified estate planning attorney to help you through the whole process.
The Epoch Times copyright © 2025. The views and opinions expressed are those of the authors. They are meant for general informational purposes only and should not be construed or interpreted as a recommendation or solicitation. The Epoch Times does not provide investment, tax, legal, financial planning, estate planning, or any other personal finance advice. The Epoch Times holds no liability for the accuracy or timeliness of the information provided.
