Just one in four Americans currently have a will in place, according to Trust & Will’s 2026 report. And 42% of Americans said they wouldn’t know what to do if a family member died today.
Without official documentation of your wishes — that ideally has been shared with and discussed with your heirs at some point — you’re going to leave your loved ones with a massive project.
Take Rob, for instance. His uncle Eugene was his late mother’s only sibling. When he died last week at 85 years old, Rob was his only remaining family member. Eugene didn’t have a lot of money or people left in his life so he didn’t bother to draw up a will or think about what he wanted for his funeral.
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But now Rob knows if he doesn’t take care of his uncle’s affairs, no one else will. And more than that, he wants to do right by his mom’s brother. What Rob isn’t sure of at this point is what exactly he’s taking on — here’s more on what he needs to consider.
No will? The state decides who gets what
When someone dies without a will, that’s known as dying “intestate.” In these situations, state law determines how their assets are distributed. Every state has its own rules, but most follow a general order of inheritance:
Spouse and children first: If there are none, the estate typically passes to the next closest relatives.
Parents, then siblings: If the deceased’s parents are alive, they may inherit the estate. If not, it typically goes to siblings.
Extended family: If there are no parents or siblings, the estate might pass to grandparents, then to aunts, uncles and cousins.
Because Eugene died with no other living relatives, Rob is his legal heir. Without a will, among the first steps he’ll have to take will be to open a probate case. He’ll also need someone to serve as the estate’s administrator. That person will be responsible for tracking down bank accounts, insurance policies, retirement funds, personal belongings and any debts — and that can be a major undertaking if Eugene didn’t keep good records.
Rob should start by getting several copies of his uncle’s death certificate — he’ll need them for banks, insurance companies and government agencies. After that, he’ll want to reach out to the probate court in the county where Eugene lived to get the legal process started.
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No funeral arrangements? Expect a big bill
Funerals in the U.S. aren’t cheap. The latest data from the National Funeral Directors Association (NFDA) puts the median cost of a traditional funeral at nearly $10,000. Once you factor in the cemetery costs, that can rise as high as $12,000. And those figures can climb fast if you want upgrades like a higher-end casket, flowers, transportation or a large gathering.
Without a prepaid plan or life insurance designated for funeral expenses, someone will have to pay for everything upfront. If the estate has assets, you can request reimbursement during probate. But that can take months. In the meantime, the financial burden often falls to family members willing — or pressured — to step in.
Even if most Americans don’t pre-plan their funerals, doing so can bring real benefits. Pre-arrangements can lock in today’s prices and allow you to choose the details, easing the burden on your loved ones. Some funeral homes even offer installment plans or insurance-based pre-need arrangements.
Why pre-planning matters — even if you think you don’t need it
No one likes thinking about their own death, but as Rob’s scenario shows, failing to plan can leave your family scrambling to make tough decisions under stress. Here are a few things you can do to set them up for success:
Make a will: Even a basic will can clarify who gets your belongings and who should handle your estate. Online templates cost on average $160, while hiring an estate attorney costs an average $733 — but more complex estate plans could be as much as $3,000.
Document your assets and debts: Keep a simple list of your bank accounts, insurance policies, retirement accounts and any loans or credit cards. Store it in a safe but accessible place.
Choose an executor: Pick someone you trust to manage your affairs and let them know where to find your documents.
Plan, and maybe prepay, for your funeral: If prepaying isn’t an option, set aside savings or designate life insurance proceeds for final expenses. At the very least, write down your wishes to guide your family.
Remember: if, like Rob, you find yourself in charge of an intestate estate with no funeral plan, you don’t have to handle it all alone. Probate attorneys can guide you through your state’s inheritance laws, and financial advisors can help locate accounts and manage assets. Some funeral homes also assist with filing insurance claims or arranging financing.
While it’s tempting to “just get it over with,” rushing can cost you. Selling valuables too quickly or missing claims deadlines could reduce what’s left in the estate, or increase what you pay out of pocket. This is a big task, but won’t regret giving it the time and attention it demands. — with files from Sigrid Forberg
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Chris Clark is a Kansas City–based freelance journalist covering personal finance, housing and retirement. A former Associated Press editor and reporter, he writes plainspoken stories that help readers make smarter financial decisions.
