If you do not have a will or estate plan, the courts in your state of residence will decide where your assets go and that may not be to your spouse or children.
If you believe you do not need a will or estate plan and that your family will receive your assets when you pass away, you may very well be mistaken, according to the Wills, Trusts & Estates Prof Blog in “Estate Planning Is Not Just for the Ultra-Rich Anymore.”
If you do not have an estate plan, then any assets you have at the time of your death will be distributed according to the laws of intestate succession in your state.
In some states, that means your assets will pass to your spouse and your children. However, other states have different laws and they sometimes give assets to people who might not have been included in an estate plan, such as siblings and parents.
It is not difficult to get a will from an estate planning attorney.
There is no reason you should leave things up to state law.
An estate planning attorney can advise you on creating an estate plan that fits your family’s specific circumstances.
Reference: Wills, Trusts & Estates Prof Blog (Nov. 16, 2017) “Estate Planning Is Not Just for the Ultra-Rich Anymore.”