What is a common consequence of not having a valid will?

When an individual dies without a valid will, the distribution of their estate is governed by the intestacy laws of the state where they resided. These laws set forth a hierarchy of heirs, specifying who shall inherit the deceased's assets based on familial relationships. This means that the estate will be distributed according to the predetermined rules outlined in state statutes, which can vary from one state to another.

The intestacy laws typically prioritize surviving spouses, children, parents, and more distant relatives in a specific order. Therefore, the lack of a valid will results in a situation where the deceased's wishes regarding asset distribution are not honored, and instead, the estate is divided according to these statutory provisions.

In contrast, while the estate does not go directly to the government, it will ultimately escheat to the state if no legal heirs can be identified. However, this is not the immediate consequence of dying intestate. Assets will not be divided among friends unless they fall under the legal definition of heirs according to state laws, which is often not the case. Additionally, estates do not remain in limbo indefinitely; rather, they go through a legal process called probate where the distribution occurs according to intestacy laws.