Estate planning can feel like something that can wait. After all, no one likes to think about what will happen to their property after they are gone. However, making a few important decisions ahead of time can help provide clarity for loved ones and make the process easier.
When someone dies without a will, their estate does not simply disappear or automatically go to the people they would have chosen. Instead, state law generally determines how their property is distributed, which may not match their wishes.
How intestacy determines who inherits
Dying without a valid will is known as dying intestate. When this happens, the state’s intestacy laws determine who may inherit the deceased person’s property. These laws typically prioritize close relatives, such as a surviving spouse, children or siblings, depending on the person’s family circumstances.
For example, if someone dies with a spouse and children, the estate may be divided between them according to a specific legal formula. The outcome may also vary depending on whether the children are also the surviving spouse’s children, whether there are children from another relationship and what type of property is involved.
Intestacy can also create complications when a person has more complicated family or financial circumstances. Unmarried partners generally do not have the same inheritance rights as spouses under intestacy laws, and stepchildren may not automatically inherit. Without a will, someone may also have little control over which relatives receive their property or how quickly the estate is distributed.
Creating a valid will allows a person to make important decisions about who should receive their property and can provide clearer instructions for handling their estate. A will can also name an executor to manage the estate and, when appropriate, identify a guardian for minor children.
Taking time to create or update an estate plan can help ensure your wishes are clearly documented rather than left to state law. Speaking with an experienced legal professional can help you understand how Delaware intestacy rules apply to your specific situation and determine what planning documents may be appropriate for your circumstances.