What to Know: Dying Without a Will in Oklahoma
Abigail Renfrow
What happens if there's no will?
Losing a loved one is so difficult. Far too often,
a time of loss is complicated because the deceased loved one didn’t have a will. Estate planning may feel like a complex topic, but understanding what happens without a will is crucial. Sadly, it’s more common than you might think — around 67% of Americans don’t have a valid estate plan, leaving state
intestacy laws, not personal wishes, to dictate how assets are distributed.
Here’s more of what happens in these situations and why having a will can make all the difference.
Appointment of an Administrator
- When someone dies without a will, their estate is distributed according to “intestate succession” laws.
- Without a will, the Court appoints an “administrator” (often a close family member) to handle the estate. The administrator has similar duties to an executor, including paying debts, filing final tax returns, and marshalling and distributing assets
Distribution of Assets
- Spouse and children: Without a Will, a surviving spouse may have to share the deceased spouse’s estate with the decedent’s surviving child(ren). This can be handled differently by executing a Will.
- No spouse or children: In these cases, assets usually go to other close relatives, such as parents, siblings, or nieces and nephews.
- Extended family: If no immediate family members exist, distant relatives may inherit assets. In rare cases with no identifiable heirs, the estate reverts to the state (a process called “escheat”).
- With a Will, you can make specific and/or general bequests (gifts) to whomever you want, provided that if you are married, you cannot gift away more than one-half of your estate to someone other than your spouse.
Minor Children and Guardianship
- For minor children with no surviving parent, the Court assigns a guardian. Parents can designate their preferred guardian in their Will. This designation is persuasive to the Court, but ultimately, the Court decides who is appointed as guardian.
Taxes and Debts
- Outstanding debts and taxes are paid from the estate before assets are distributed. State laws typically determine the order of debt payment, with priorities like funeral expenses, taxes, and secured debts.
