When someone dies without a will (intestate), state laws determine how their assets are distributed, regardless of what the deceased might have wanted. These intestacy laws establish a hierarchy of heirs—typically starting with spouses and children, then parents, siblings, and extended family. The exact distribution percentages vary by state. Property may be divided in ways the deceased never intended, such as giving portions to estranged relatives or excluding unmarried partners and close friends entirely. Additionally, the court appoints an administrator (often a family member) who may not have been the deceased's preferred choice. The probate process for intestate estates is frequently longer, more expensive, and more complicated. Parents of minor children cannot nominate guardians, potentially leading to custody disputes. Estate tax planning opportunities are missed, potentially increasing tax burdens on heirs. Creating even a basic will prevents these complications and ensures your wishes are followed.

Wills and trusts serve different but complementary purposes in estate planning. A will is a document that takes effect only after death and directs the distribution of solely assets that go through probate. It allows you to name guardians for minor children, specify funeral arrangements, and designate an executor. Trusts, however, can be effective during your lifetime and continue after death. Assets in trusts avoid probate entirely, providing privacy (unlike wills, which become public record) and potentially faster distribution to beneficiaries. Trusts offer greater control over when and how beneficiaries receive assets, making them ideal for beneficiaries who need management assistance. They're also valuable for incapacity planning, as successor trustees can manage assets if you become unable to do so. While basic wills are typically less expensive initially, trusts often prove more cost-effective long-term by avoiding probate expenses. Many comprehensive estate plans utilize both tools—a trust for primary asset management and a "pour-over will" to catch any assets not transferred to the trust during life.