5 Ways Dying Without a Will Screws Everyone

6 min read by Killswitch

Spoiler alert: You’re going to die. The question is whether you’ll leave behind a legal mess or actually help your loved ones for once.

Let’s talk about something everyone avoids until it’s too late: what happens when you kick the bucket without a will. Hint: it’s not pretty, and it’s definitely not fair to the people you leave behind.

Here’s the uncomfortable truth—68% of Americans don’t have a will. That means the majority of us are planning to die irresponsibly, leaving our families to sort through a bureaucratic nightmare while they’re grieving. Not exactly the final gift you were hoping to give, right?

1. Your State Gets to Play God With Your Stuff

When you die without a will (legally called “intestate”—fancy word for “screwed up”), the state steps in to decide who gets what. And surprise: the government doesn’t know or care about your personal wishes.

That vintage guitar you promised your nephew? Tough luck. The state’s distribution formula doesn’t account for sentimental promises or who actually deserves what. Your assets get divided according to a rigid legal hierarchy that treats your life’s work like a math problem.

Even worse, if you’re not married but have a long-term partner, they get absolutely nothing. Zero. Your biological family—including relatives you haven’t spoken to in years—will inherit everything while your actual life partner gets kicked to the curb.

2. Your Kids Get Stuck With Random Strangers as Guardians

Here’s a fun scenario: you and your spouse both die in an accident, and you never named guardians for your kids. The court gets to decide who raises your children, and they might pick someone you wouldn’t trust to watch your houseplants.

Without clear instructions, family members might fight over custody, creating a traumatic legal battle while your kids watch from the sidelines. The court will do its best, but “its best” might mean your children end up with someone whose parenting philosophy makes you spin in your grave.

Even if there’s an obvious choice, the legal process without a will takes longer, costs more, and puts your kids in limbo during an already terrible time.

3. Probate Court Becomes Your Family’s New Hobby

Think the DMV is bad? Try probate court without a will. Your loved ones will spend months (sometimes years) navigating a legal maze that makes tax preparation look like a fun weekend activity.

Without clear instructions, every decision requires court approval. Want to sell the house to pay for funeral expenses? Court approval. Need to access bank accounts to pay bills? Court approval. Want to throw away your collection of vintage cereal boxes? Believe it or not, court approval.

This process doesn’t just take forever—it’s expensive. Legal fees, court costs, and administrative expenses will eat into your estate like termites in a wooden house. Your family will spend more time in courtrooms than they spent with you in your final months.

4. Your Final Act: Creating Family Drama

Nothing brings out family dysfunction quite like an unclear inheritance situation. When there’s no will, relatives you forgot existed will crawl out of the woodwork claiming they deserve a piece of the pie.

Suddenly, your funeral becomes the opening act for a family feud that would make the Hatfields and McCoys look reasonable. Siblings stop speaking to each other. Cousins hire lawyers. Your spouse has to defend their right to live in their own home.

The people you love most will remember your death not for the good times you shared, but for the legal nightmare you left behind. Your legacy becomes courtroom drama instead of fond memories.

5. Uncle Sam Takes a Bigger Bite Than Necessary

Here’s the kicker: dying without proper estate planning often means paying more in taxes than you need to. Without a will and proper estate planning, you miss out on tax-saving strategies that could keep more money in your family’s pockets.

Your estate might face unnecessary tax burdens, and your beneficiaries could get hit with tax bills they weren’t expecting. It’s like giving the government a bonus for your poor planning—except the money comes out of your family’s inheritance.

The Solution: Stop Procrastinating and Get a Will

Look, we get it. Estate planning sounds about as fun as a root canal performed by a DMV employee. Traditional lawyers charge thousands of dollars for documents that take months to complete, and the whole process feels designed to make you give up and die intestate.

That’s exactly why we built Killswitch—estate planning that doesn’t make you want to die faster than you already are.

Our app walks you through creating a legally valid will, power of attorney, and healthcare directive by answering simple questions. No legal jargon, no intimidating law office meetings, no thousand-dollar fees. Just straightforward questions about your life, your assets, and your wishes.

You answer the questions, we generate your documents, you take them to a notary, and boom—you’re officially prepared to die responsibly. Your family gets clear instructions instead of legal chaos, and you get the peace of mind that comes from actually handling your business like an adult.

Your Family Deserves Better

The hard truth is that everyone dies, but not everyone dies prepared. Your family is going to deal with losing you—don’t make them deal with cleaning up your legal mess too.

Getting a will isn’t about being morbid or pessimistic. It’s about taking responsibility for the people you care about. It’s about making sure your final act is helping your loved ones instead of burdening them.

Stop putting it off. Your future dead self will thank you, and more importantly, your family will remember you for taking care of them even when you couldn’t be there to do it in person.

Ready to get your affairs in order? Check out Killswitch and join the ranks of people who actually have their act together. Because dying prepared isn’t just better for everyone—it’s the decent thing to do.


Don’t leave your family with a mess. Create your will, power of attorney, and healthcare directive with Killswitch—estate planning that actually makes sense.