2023 Caring Report: Worst States to Die Without a Will

Key Points:

• Fewer than 1 in 3 Americans say they fully understand what happens if they die without a will
• Fewer than 1 in 5 Americans say they know the specific guardianship and asset distribution rules in their state
• New York, Alaska, Georgia, and Tennessee are the worst states to die without a will
• Iowa, Illinois, and Kansas are the least risky states to die without a will

When thinking about and preparing for their financial future, many Americans stop short of one very important facet: estate planning. Caring.com’s 2023 Estate Planning Study found that 2 out of 3 Americans do not have a will or any other type of estate planning document, with 42% of people saying they simply haven’t gotten around to creating one.

Putting off estate planning may not seem like a big deal, but it can have serious ramifications for loved ones. When you die without a will, your heirs face a complicated court process, called probate, which can delay their inheritances by months or even years. During probate, a court will review the estate and determine who inherits assets and takes over guardianship, when necessary.

Unfortunately, most Americans simply aren’t aware of the complications their loved ones will face if they die intestate (without a will). A survey of 1,500 American adults conducted by Caring.com and GoodTrust in partnership with PollFish found that fewer than 1 in 3 Americans say they fully understand what happens if they die without an estate plan in place, while 34% said they have “no idea” what happens if they die intestate.

When asked what they think happens to their assets and children if they die, more than a third of respondents without a will mistakenly believe their family will automatically inherit their assets and assume guardianship of their minor children, even if they neglect estate planning.

Complicating matters further is that states all set their own probate laws, with each having different processing times, guardianship rules, and asset distribution guidelines. Understanding the nuances of each state can be quite complicated, and only 18% of survey respondents say that they know the specific rules in their state.

To help Americans better understand the importance of estate planning and motivate them to create their own, Caring.com partnered with GoodTrust to document the specific laws in each state. Researchers then ranked the states based on the clarity and simplicity of their systems. The resulting ranking shows that New York, Alaska, Georgia, and Tennessee are the worst states to die without a will, while Iowa, Illinois, and Kansas pose the least risk for those without a will.

No matter what, it’s always best to have an estate plan in place, regardless of where you live. Even in states with the best scores, families of those who die without a will face a stressful probate process before they can receive their inheritance and, in some cases, guardianship of minor loved ones. The high scores these states received indicate that the probate processes are designed to be faster and simpler than in the “worst” states. Still, the best and only way to ensure your assets and custody go to your preferred recipients is to create an estate plan before it’s too late.

Read on to learn more about the worst states to die without a will and why they ranked so poorly. You’ll also find an interactive map with probate laws and information for each state, as well as the methodology for our survey and state rankings. Finally, we’ve included a short guide to getting started with estate planning.

Having an estate plan is important no matter where you live. It ensures that you, not the government, have the final say in what happens to your assets and dependents, and may save your loved ones from a drawn-out, stressful probate process.

If you do pass before you create an estate plan, there are certain states where your loved ones will face a tougher road than others. Anyone who lives in New York, Alaska, Georgia, or Tennessee should be especially proactive when it comes to estate planning due to these states’ complicated laws determining what happens if someone dies without a will.

Eleven of the twelve worst states received their lowest scores in the guardianship category, with New York, Alaska, Georgia, and Tennessee receiving the lowest possible score of zero. Ohio and Wyoming both earned the second-lowest score of 1.67. A low score in this category has a big impact on a state’s overall rank, as we weighted it the highest of all three ranking categories due to the serious nature of the consequences.

In New York, Alaska, Georgia, and Tennessee, court-declared guardianship can last over a year, meaning your children or other dependent loved ones may end up living with a court-designated guardian rather than your preferred guardian if you pass without a will. In Ohio and Wyoming, the temporary custody order will terminate after one year.

Alabama, the fourth worst state overall to die without a will, received its lowest score in the assets category. In Alabama, children of the deceased are not eligible to receive their inheritance until age 19, while in other states it is 18, meaning your loved ones will have to wait longer to access the assets you had planned to leave for them. Additionally, Alabama does not treat domestic partnerships or common law marriages the same as other marriages when it comes to assets, so if you have a partner but are not traditionally married, they may not be able to receive your assets if you die without a will.

In the probate category, New Jersey, one of the sixth worst states overall, received the lowest score. New Jersey probate processing times can exceed one year, and it has a high inheritance tax rate of 11-16%. New Mexico, the fifth worst state overall to die without a will, received the second-lowest score in the probate category. Its probate process can take up to two years, making it significantly more drawn out than in other states. Maryland tied with New Mexico overall and in the probate category. Though Maryland’s probate process only takes about seven months to one year, it received a low score in this category due to its inheritance and estate taxes.

While some probate and estate-related laws are the same no matter where you live, others are state-specific. It’s important to understand the laws where you live, as they can have a significant impact on what happens when you or a loved one pass, with or without a will.

Below, you’ll find state-by-state explanations of some of the most important estate planning-related rules. Much of the information you’ll see below was used to calculate our ranking, but some were left out because they weren’t objectively measurable or did not increase the risk for someone without an estate plan.

To learn about estate planning and probate laws in your state, click on your state on the map below. You’ll be able to read about what happens with guardianship, assets, the probate process, and more, all of which can help you understand the risk to you if you don’t have certain documents in place.

Even if you live in one of the less risky states to die without a will, it’s still important to have an estate plan. There is always still a risk- without an estate plan, your loved ones will have to face a longer and more complicated probate process than if you had an estate plan, and it’s the only way to ensure you are in full control of what happens to your assets and dependents after you pass.

While creating an estate plan may seem daunting, it is simpler than many think, and the benefit of having an estate plan is more than worth it. To help you get started, we’ve broken down the process step by step below.

• Identify Your Goals: Consider how you want your assets to be distributed, who you want to appoint as guardians for your minor children (if applicable), and any other specific wishes you have for your estate.
• Take Inventory of Your Assets: Make a list of all your assets, including bank accounts, investments, real estate, vehicles, and personal belongings. This will help you understand the size of your estate and what needs to be included in your plan.
• Choose Your Beneficiaries and Dependents’ Guardians: Decide who you want to inherit your assets after your passing. This could include family members, friends, charitable organizations, or a combination of recipients. If you have minor children or other dependents, decide who you would like to serve as their legal guardian in case both parents pass away. Both of these are important decisions and it’s best to take your time and choose carefully.
• Appoint an Executor: Choose a person you trust to act as the executor of your estate. The executor will be responsible for managing your affairs after your death, including distributing assets, paying debts, and handling legal matters. Discuss this role with the person beforehand to ensure their willingness to take on the responsibility.
• Create Your Will and Other Estate Planning Documents: Create your will by working with an attorney or using an online service such as GoodTrust to draft a document that reflects your wishes that you thought about in the previous steps. You may also wish to establish a power of attorney in case you become incapacitated or unable to make decisions for yourself in the future and consider other documents like a living will or advanced health care directive.
• Inform Loved Ones: Tell your loved ones about your estate plan and the key individuals involved, such as the executor and guardians. Share the location of important documents, such as your will and insurance policies, so they can be easily accessed when needed.

Estate planning can be complex, and it’s worthwhile to consult an experienced estate planning attorney or use online services that can guide you through the process.

Caring.com and GoodTrust partnered with PollFish to survey American adults to find out how much people understand about what happens if they die without a will. The survey was completed by 1,500 American adults over the age of 18, who said they did not have estate planning documents or did not know whether they had estate planning documents. The survey was conducted online, and fieldwork was undertaken between June 16th and June 19th, 2023.

You can view the full survey results below.

With the help of estate planning experts, we created a state ranking system using eight metrics split into three categories. The goal of the ranking was to identify states where individuals face higher risks in the event that they die before creating an estate plan. Our team of researchers spent over 60 hours studying the laws and regulations related to the probate process in each state, as well as state laws regarding guardianship and assets. We then compared the regulations in each state to see which had the clearest laws that would result in a smooth and efficient probate process, thus minimizing the negative impact on heirs left behind.

Daniel Sieberg, GoodTrust Co-Founder

Learn more about Daniel on his LinkedIn profile.

Robyn Sechler, Vice President of Marketing at GoodTrust

Robyn Sechler is a passionate advocate for preserving legacies. Robyn has been helping families protect what matters through Estate Planning for many years. Her personal and professional experience has made her an expert in legacy preservation, and she uses that passion to help others plan for their future.

Learn more about Robyn on her LinkedIn profile.

When developing the ranking system, our team initially looked at 20 metrics related to the probate process, guardianship, taxes, and other aspects of estate disbursement. We then filtered it down to the eight metrics that were objectively measurable, impactful in the event one does not have a will, and varied between different states. We split the remaining eight metrics into three main categories: Guardianship, Assets, and Probate. Each metric and category was given a weighted representative of its overall importance in determining what happens if you die without a will in different states.

Below, you can see the three main categories, their weights, and the associated metrics. We gave Guardianship the most wait (50%) as it directly impacts any children that are left behind, creating the most impact to families. Assets was given the next highest weight because it directly affects how the inheritances will be distributed.

Below is a list of all of the metrics including their weights and a description. The metrics were weighted based on the impact they have in minimizing disruption to loved ones left behind when there is no estate plan in place.

Our ranking showed that New York is the worst state to die without a will, closely followed by Alaska, Georgia, Tennessee, Ohio, and Wyoming. It’s the least risky to die without a will in Iowa, Illinois, Kansas, Wisconsin, and Delaware. View the full ranking below, including states’ overall rank and scores for each category.