A Will is a legal document that spells out your wishes regarding your assets, care of your children, and disposition of your body after your death. Failure to prepare a Will leaves decisions about your estate in the hands of judges or state officials, leading in many instances to added discord and stress to your family.

If you die without a will, the state will distribute your property to your heirs according to the state's intestacy statutes. The statutes might call for a distribution that is similar to what you want. Then again, maybe not. State intestacy laws provide how your property is divided among your heirs. It will not provide for who will get specific items. This can lead to many problems as heirs typically disagree on how property should be divided. Even with small estates, disputes can arise over different items. A properly constructed Will ensures your property is divided according to your wishes and lessens any family conflict.

Another misconception about having a Will is the idea that having a Will causes your heirs to have to go through probate, and that it will be difficult and expensive. However, if you die without a Will, your heirs will still have to navigate the probate process except it will be more costly and time consuming. When you pass without a Will, the court will need to determine who administers your estate, determine the assets, find all your heirs, and require the posting of a surety bond. A carefully drafted Will avoids all these costly steps so when your Will goes through the probate process it is completed fast and efficiently.