No Will? The State Decides Everything
When someone dies without a will or trust—legally known as dying intestate—state law controls every aspect of estate distribution. In Illinois, that means your surviving spouse gets half of your estate, and the other half goes to your children. If you’re unmarried but have children, they inherit everything. If you have no spouse or children, your estate flows upward or outward—to your parents, siblings, nieces, nephews, and beyond—regardless of any personal relationships or preferences you may have had.
Missouri follows a similar pattern, but with nuances that can surprise surviving families. If you die with a spouse and children from another relationship, Missouri gives only half of your estate to your surviving spouse, with the remainder going to your children. These statutory formulas leave no room for discretion or context. The law applies uniformly, regardless of family dynamics, financial needs, or your intentions.
Probate Is Slow, Public, and Expensive
In both states, the absence of an estate plan almost guarantees a full probate proceeding. Probate is the court-supervised process for settling an estate, and it doesn’t happen quickly. The typical case lasts between six months and one year—longer if disputes arise or if your estate is complex.
The costs add up quickly. Legal fees, court costs, executor compensation, bond premiums, and publication expenses frequently exceed $5,000, even for relatively simple estates. And all of this takes place on the public record. That means your financial information and family affairs are filed with the court and accessible to anyone who wishes to review them.
Court-Appointed Guardians for Minor Children
One of the most serious consequences of dying without a will occurs when you leave behind minor children. Without an estate plan naming a guardian, the court is forced to decide who will raise your children. Even in families with consensus, the process can be slow and invasive. In families without consensus, it can turn into a contentious and traumatic custody battle.
A properly drafted will allows you to designate guardians in advance—someone you trust to care for your children, consistent with your values. Without that guidance, you are leaving the most important decision of your life to a judge who never met you.
How a Proper Estate Plan Prevents These Problems
These outcomes are avoidable with a properly crafted estate plan. By using tools like a revocable living trust, a pour-over will, financial and healthcare powers of attorney, and specific guardianship designations, you ensure that your assets pass according to your wishes, that probate can be minimized or avoided entirely, and that your children are protected. You also gain privacy, speed, and cost savings—gifts your loved ones will be grateful for during an already difficult time.
Serving Families in Illinois and Missouri
At A.H. Steinmetz, Ltd., we help families avoid the uncertainties and costs that come with dying without a plan. We serve clients throughout Madison, St. Clair, and Monroe Counties in Illinois and St. Louis and Jefferson Counties in Missouri. Online appointments are available for your convenience.
Don’t leave your family’s future in the hands of the state. Visit steinmetzltd.com or call (618) 281-7618 to schedule a consultation and start protecting what matters most.
