Worst States In Which to Die Without a Will in 2025

There are few times more difficult than when a loved one passes away. And in some states that turmoil is made worse by extended probate timelines, sticky guardianships laws, and estate taxes — all these things come in to play when you die without a will. We’ll walk you through some of the worst states to die in without a will (looking at you, New York), and a few ways to get started on estate planning. 

Just under a quarter of Americans have a will, a 10% decline from 2022, according to Caring.com’s 2025 Wills and Estate Planning Study. Over 50% of Americans have no estate planning documents at all. 

It’s a shocking statistic that indicates a cultural decline in urgency to prepare for unexpected tragedies or inevitable deaths. The survey also found gaps in estate planning behavior between different genders and races, with different motivations for creating a will.

Without a will, state laws can determine how your assets and estate will be divided, which could mean losing the family home and delaying inheritance, among other unpleasant outcomes. Those laws can vary significantly by state, with some states creating a larger headache than others. 

Our 2025 Wills Survey found that the largest cohort of Americans without a will have children under 18. This same group of will-less adults is a part of the sandwich generation, and are often caretakers for their parents, too. 

A will is especially important for parents with children under 18. In a will, you can appoint guardians for your children and choose an executor for your estate until the kids are adults. It can be hard to imagine such a tragic outcome, but preparing for the unexpected is an important responsibility to ensure your children’s future in unimaginable situations.

Without a will, state laws will dictate how your assets are handled after your death. Those state laws can vary and some states will cause a much bigger headache for surviving loved ones than others. 

We revisited our 2023 worst states to die in without a will, and many of those states claim the title again in 2025. 

The worst states to die without a will tend to have complicated probate processes, unfavorable asset distribution and guardianship laws, and high death taxes. Some states that top that list are:

• New York
• Georgia
• Pennsylvania
• Alabama
• Tennessee 

Technically, when someone passes away without a will, it’s called dying intestate. When this happens in New York, the probate process can take over a year, there’s a high estate tax – 16% as of 2024, when states like Colorado and Virginia don’t have estate tax at all. 

In New York, if your children survive you and you don’t have a will, the court-appointed guardianship will last until they’re no longer minors. Ohio, on the other hand, has an expiration date of 15-30 days on temporary court-appointed guardians.

Similarly, in Pennsylvania, probate proceedings can last 18 months or longer, a significant delay in passing along an inheritance. The state also has an inheritance tax. 

While Alabama has a shorter probate period at six months, children aren’t considered eligible for their inheritance until 19. Alabama (along with the majority of states) also doesn’t recognize domestic partnerships on the same level as marriage for benefits such as inheritance and guardianship, or even bereavement leave. 

It’s wise to research the interstate laws where you live and prepare a will to ease potential roadblocks in passing along guardianship or assets to your loved ones in the face of tragedy. You can start your research by exploring our map below. 

Discover what the rules for estates are in your state by clicking on the map.

If you live in a state like New York or Pennsylvania, you may be feeling inspired to start estate planning (or update an older will). We’ve outlined five steps to help get you started.
 

• Find a Trustworthy Attorney: If you don’t already have one, start by hiring an attorney to file and arrange your will. 
• Inventory Assets and Gather Documents: Create an inventory of all the assets and inheritance you’ll include in your will. List items such as: property, vehicles, jewelry, furniture, bonds, life insurance, retirement accounts, savings, etc. 
• Develop a Plan: Consider a plan for your passing that includes details like who you want to receive your assets, a guardian for your children, and a person to execute the intentions of your will or trust. 
• Designate Powers of Attorney. It’s wise to designate a power of attorney (POA) when creating a will. This is the person who will make decisions about your medical care and finances if you’re unable to. 
• Choose Final Arrangements: Reflect on any strong preferences you have for your remains (burial, cremation, etc.), burial place, memorial, headstones, etc. 

If you own assets, have children, or are nearing the end of life, it’s important to have a legal will in place. Seniors entering memory care or assisted living facilities should also consider creating a will alongside designating powers of attorney. 

Without a will, loved ones will wait a year or more as the state courts determine how your assets (and your children) are handled. An estate plan will ensure the security of your children and fair division of inheritance. 

You can visit our financial and legal resource hub for more assistance. 

Appointment of guardian - limited, interim, emergency, or standby guardian. (2013). Ohio Laws & Administrative Rules | Cohabitation registered domestic partnerships. (n.d.). Legal Fix | Debts and deceased relatives. (n.d.). Federal Trade Commission | Guardianship of a child. (2024). NYCourts.gov | How long does the probate process usually take in Pennsylvania? (2023). Hopkins Heltzel Law Firm | Intestate. (2023). Cornell Law School | New York estate tax (2024).  SmartAsset