Disadvantages of Dying Without a Will

If you don't make a will, you will have given up your right to decide who inherits your property. Your property will be distributed according to state law, which might be different from what your may have wished. For example, under Mississippi law, if you are married with minor children, your property will be divided between them equally, even though you might want to set aside some property for the care of your parents, or wanted your wife to receive all or the majority of your estate. Without a will, you cannot disinherit heirs.

If you leave no will, you will lose the opportunity to select a guardian for any minor children and an executor for your estate. Court-appointed administrators and guardians may not be the family member or friend that you would have chosen to handle your affairs.

Dying without a will can add unnecessary costs to and unnecessarily complicate the transfer of your property to your heirs. For example, the estate may be required to pay bond premiums if you do not have a will stating that you do not require executors and guardians to post a bond. In addition, estate administration proceedings without a will may delay transfer of your property to your heirs – sometimes significantly, when your heirs may need the funds immediately.