Estate Planning Without a Will: What You Need to Know

When most people hear “estate planning,” they immediately think of writing a will. But what happens if you never create one? Is estate planning without a will even possible—and if so, what are the risks?

At Kamini Fox, PLLC, we help individuals and families take control of their future through comprehensive estate planning. Here’s what you need to know if you’re considering—or currently have—an estate plan without a will.

What Happens If You Die Without a Will?

If you pass away without a valid Last Will and Testament, your estate is considered intestate, and the state—not you—decides how your assets are distributed.

In New York and most other states, intestacy laws prioritize spouses, children, and close relatives. This may seem fair, but it often doesn’t reflect your true wishes and can lead to:

• Assets going to unintended heirs

• Lengthy probate court proceedings

• Increased legal expenses

• Family disputes

Simply put, skipping a Will means giving up your voice in how your property, finances, and even child guardianship are handled after your death.

Can You Still Do Estate Planning Without a Will?

Yes—but it’s not ideal. You can implement some estate planning tools that work independently of a Will, but a full plan almost always includes one.

Here are a few options you can include in an estate plan without a Will:

1. Revocable Living Trust

A living trust allows you to transfer assets outside of probate. You name beneficiaries and a successor trustee to manage distribution. But without a “pour-over” Will, any assets not titled in the trust may still go through probate.

2. Beneficiary Designations

You can name beneficiaries directly on accounts like:

• Life insurance

• Retirement plans (401k, IRA)

• Bank accounts (via payable-on-death designations)

These bypass probate, but again, they don’t cover everything.

3. Joint Ownership

Property held with right of survivorship automatically transfers to the co-owner upon your death. This is common with real estate and joint bank accounts.

4. Powers of Attorney & Healthcare Directives

These are critical documents that allow someone to make financial and medical decisions on your behalf if you’re incapacitated. While not related to distributing assets, they’re a vital part of any estate plan.

Why a Will Still Matters

Even if you have trusts and beneficiary forms in place, a Will serves as a safety net. Without one:

• Assets with no named beneficiary will go to probate

• You lose the chance to name a guardian for minor children

• You forfeit your ability to designate who receives personal belongings

A simple will can tie everything together and ensure nothing falls through the cracks.

The Risks of Estate Planning Without a Will

Risk	Consequence
Probate delays	Court decides asset distribution
Family conflict	Disputes over inheritance or guardianship
Higher legal costs	Longer probate means more fees
Loss of control	State law—not you—dictates everything

Protect Your Legacy with a Complete Estate Plan

Estate planning without a Will is possible, but it leaves your loved ones exposed to uncertainty and unnecessary legal hurdles. At Kamini Fox, PLLC, we help you create a comprehensive estate plan that includes a Will and other critical tools tailored to your needs.

Whether you're just getting started or updating an existing plan, we’ll guide you through every step, making sure your future is secure and your wishes are respected.

Contact us today to schedule a consultation and protect what matters most.