If
you die without a will, a probate court will take control of your
estate and
distribute your assets according to state statutes. The pattern of
inheritance
set forth in that statute may not provide for distribution of your
assets in a
way that matches your wishes.
If
you have minor children, you will not be able to select their guardian.
In
addition, because the intestate law typically gives part of the estate
to the
children, the guardian must petition the court periodically for an
allowance to
support the children, and must report expenditures. Furthermore, your
children
will receive their shares of your estate at an early age, often before
they are
equipped to handle property.
If
there is no will, the court will appoint an administrator of your
estate. If
there is no relative willing or able to serve as personal
representative, the
court may appoint a professional administrator.