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What Happens When There is No Will

What Happens When There is No Will

What Happens When There is No Will

Chances are you have probably heard people talk about a will or planning their will. Perhaps you have even taken into consideration writing your own will, if you haven’t already. A will is something that is pretty easy to put off. For many people it can be pretty scary to think about their passing. However, it can also provide a sense of peace once it’s done. Having one is especially important if you plan to leave behind assets to an unmarried partner, close friends or a charity following your passing away. Without a will, the court decides what will happen to your property. Keep reading as we discuss what happens when there is no will.

What Happens When Someone Didn’t Have a Will

When an individual passes away without having a will, it is referred to as a dying “intestate.” This means that none of the potential heirs have any say so over who gets the assets or property that is left behind. The estate will go into a legal process known as probate. During probate court they use the laws of the state to decide who inherits what is left behind from the deceased. Probate can take anywhere from months to a few years depending on how complex the estate is that was left behind.

What Happens When the Estate Goes into Probate?

Intestate succession laws determine who will inherit what, and they are different in every state. Typically, the estate is split between the surviving spouse and children. In the event that an individual is single with no children, the state will decide which relatives will inherit the estate. If no relatives can be found, the entire estate goes to the state. This is one major reason why it is imperative to have a will.


Without a will, there can be a lot of confusion and unfortunately, arguments. Leaving behind a will also means you are leaving behind clear and concise orders for what you would like to be done with your assets. If you are an individual who doesn’t have any family but would like to leave behind your estate to friends, a will ensures that the state does not take ownership of your estate.


At Mestayer & Associates we can work with you to help fulfill your desires for your Will. Our experienced team knows exactly what needs to be included to ensure a smooth, seamless process.


Mestayer & Associates provides civil litigation for clients throughout the Gulf Coast area including Pascagoula, Biloxi, and Gulfport. If you are making future plans for your estate, then contact us today and let us help take care of every detail of your finances. Call us today at 228-762-1193 or visit www.pascagoulalaw.com. We are your legal experts! You can also visit our office located at 2128 Ingalls Ave. in Pascagoula, Mississippi. We look forward to talking with you!

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

This article does not create an attorney-client relationship. I am licensed to practice law in Mississippi and have based the information presented on US laws. This article is legal information and is for entertainment and informational purposes only and should not be seen as legal advice. You should consult with an attorney before you rely on this information. Any information provided in this blog is accurate and true to the best of my knowledge, but that there may be omissions, errors or mistakes.