Blog

One of the most common estate planning fears is: “What happens if I die without a will?” The answer is intestate succession — state laws decide who gets your assets, who raises your kids, and how everything is handled. In 2026, dying without a will (intestate) can create unnecessary delays, costs, and family stress — especially for blended families or those with minor children.

John F. Davenport, licensed attorney in New York and Connecticut and founder of J. Davenport Advisors and Davenport & Associates in Norwalk, CT, says: “Intestacy laws are a default plan written by the state — not by you. For most families, a basic will is cheap insurance that puts you in control and protects the people you love.”

• Probate court appoints an administrator (usually a close relative).
• Assets are distributed according to your state’s intestacy laws (not your wishes).
• The process is public, takes 6–24+ months, and costs 3–7%+ of the estate in fees.
• Minor children may end up with court-appointed guardians — not necessarily who you would choose.

Intestacy Rules in Connecticut & New York (2026 Basics)

• Spouse only: Spouse gets everything (CT & NY).
• Spouse + children: Spouse gets first $100,000–$200,000 (state-specific) + half the rest; children split remainder.
• No spouse, children only: Children divide equally.
• No spouse or children: Assets go to parents, siblings, or further relatives.
• Blended families: Stepchildren usually get nothing unless legally adopted.
• Special needs heirs: No automatic protection — assets may disqualify government benefits.

Why Dying Without a Will Is Risky in 2026

• Blended families — Stepkids or second spouses can be unintentionally cut out.
• Minor or special-needs children — Court decides guardianship and asset management.
• Delays & costs — Probate ties up assets for months/years.
• Public record — Anyone can see your estate details.
• No control over timing — Heirs may receive large sums too young.

5 Simple Steps to Protect Your Family in 2026

1. Create a Basic Will Name an executor, guardians for minor children, and how assets should be divided.
2. Add a Revocable Living Trust Avoid probate for most assets (home, bank accounts, investments).
3. Name Beneficiaries on Accounts Use POD/TOD on bank/investment accounts and retirement/life insurance.
4. Include Powers of Attorney & Healthcare Directives Appoint someone to handle finances/healthcare if incapacitated.
5. Review Every 3–5 Years or After Life Changes Marriage, divorce, new child, death of beneficiary — all trigger updates.

Comparison: With a Will vs. Without a Will in 2026

Situation	With a Will	Without a Will (Intestate)
Who decides asset distribution	You (via will)	State laws
Guardians for minor children	You choose	Court appoints
Probate process	Faster/simpler (especially with trust)	Full court oversight, longer delays
Privacy	Higher (especially with trust)	Public record
Blended family protection	Customizable	Often unfair to stepchildren

Common Questions

• What if I have special needs or stepchildren? Intestacy rarely protects them properly — a will or trust is essential. John F. Davenport at Davenport & Associates in Norwalk, CT helps structure proper plans.
• Is a basic will expensive? Usually $500–$1500 — far less than probate fees.
• Can I do it myself? Online tools exist, but Norwalk estate planning attorney John F. Davenport recommends professional review to avoid mistakes.

Dying without a will lets the state decide your family’s future — a basic will puts you back in control. John F. Davenport, financial advisor and licensed attorney in Norwalk at Davenport & Associates, helps clients all across the country create simple, effective plans that protect homes, savings, and loved ones.

Schedule your complimentary call today: Click here → https://jdavenportassociates.com/contact-us/ Or call (203) 853-6300.

Give your family the security they deserve—let’s create your will!

Thanks for reading,

John F. Davenport, Esq.
Founder, Davenport & Associates Norwalk, CT

Important Disclaimer:

Educational only—not legal/tax advice. No strategy guarantees results—vary by state laws, family circumstances. Consult qualified advisors.

About the author

John F. Davenport, founder of J. Davenport Advisors/Davenport & Associates and J. Davenport Legal in Norwalk, CT, is a licensed attorney in New York and Connecticut. As an experienced estate planning attorney and financial advisor, he has spent more than 30 years guiding clients through revocable living trusts, asset protection planning, Medicaid strategies, and tax-efficient wealth transfer, while also providing investment advisory and retirement income planning services to help families secure both their lifetime needs and their legacy for their heirs.

References

Nolo: What Happens If You Die Without a Will? – https://www.nolo.com/legal-encyclopedia/intestate-succession.html

AARP: Dying Without a Will – https://www.aarp.org/money/estate-planning/info-2025/dying-without-a-will.html

CT Judicial Branch: Intestate Succession Laws – https://www.jud.ct.gov/lawlib/Notebooks/Pathfinders/intestatesuccession.pdf

NY Courts: Intestacy in New York – https://www.nycourts.gov/courts/nyc/surrogates/intestacy.shtml