What Happens If You Don’t Have an Estate Plan?

Let’s rip the Band-Aid off: if you don’t have an estate plan, the state gets to make all the decisions about your stuff, your care, and your people. Your loved ones won’t be able to access anything you’ve left behind until the court finishes what’s called the probate process—and that process? Slow, expensive, and about as fun as a root canal.

So while “estate planning” might sound like something reserved for the ultra-wealthy or the retired-in-Florida crowd, it’s actually something most adults should be thinking about sooner rather than later.

What Is an Estate Plan, Really?

An estate plan is your written say in what happens to your money, property, and responsibilities if you become incapacitated or after you pass. It’s how you make sure the right people are in charge and the right people inherit—without the drama.

“But I don’t have an estate.” You probably do. If you own anything—like a home, a car, a bank account, a life insurance policy, your grandma’s ring, or even your Spotify playlists (kidding, kind of)—then you have an estate. And it deserves a plan.

What’s Actually Included in an Estate Plan?

An estate plan can be as simple or detailed as your life demands. Most often, it includes:

• Instructions for your healthcare and finances if you’re ever incapacitated

• Guardians for your children, if they’re minors

• Life or income insurance planning

• Instructions for how and when your assets should be distributed

• A strategy to avoid unnecessary taxes, fees, and court delays

• The ability to update your plan as life changes

Why Bother?

Short answer: control. Long answer: without a plan, the state decides who gets what, when, and how. That means your loved ones could be stuck waiting months (or longer-usually a year or more), paying fees, your bills, and jumping through legal hoops—all while grieving.

It’s not just for death.

Here’s a scenario. You’re unexpectedly incapacitated and can’t manage your finances. If you don’t have a plan, the court assigns someone to handle your money and decisions, and that may not be the person you want. With an estate plan? You choose that person ahead of time. You give the direction and authority when you are still with it. Not the court guessing what you may or may not want someone to handle for you.

Or say you pass away without a will or trust. The state steps in and divides your assets based on its laws. Your kids could end up with a court-appointed guardian, or your cousin three times removed could walk away with the family cabin. With a plan? You call the shots.

Will or Living Trust: What’s the Difference?

Good question. These two are often confused but do very different things.

A Will lays out your wishes but doesn’t keep your estate out of probate. It also doesn’t help if you’re still alive but incapacitated.

A Living Trust lets you avoid probate altogether. It consolidates your instructions, covers more assets, and can be updated as needed while you’re still alive. Bonus: it can streamline things for your family and keep the process private.

When Should You Start?

Now. Or yesterday. Estate planning isn’t just for a certain age or life stage—it’s for anyone who wants to save their family time, money, and stress later on.

Bottom Line

Estate planning is less about preparing for death and more about protecting life—your legacy, your decisions, your people. Whether you’re just starting out or have been meaning to “get to it,” now is a great time to start.

It’s one of the most thoughtful, practical things you can do for your family. And trust us, they’ll be grateful you didn’t leave it up to the state.

Want to learn more or finally get your plan in motion? Head over here to explore your options and take the first step.