What happens to my children if I die without a will
By Fidelis Solutions · Published May 21, 2026
What happens to my children if I die without a will
Without a valid will, your state's intestacy statute takes over immediately. The Uniform Probate Code §2-101 through §2-103 governs how your estate is distributed, and your preferences carry no legal weight in that process. A probate court appoints a guardian for your minor children under Uniform Probate Code §5-203 — and that court is not required to choose the person you would have chosen. Roughly 90 minutes of structured planning prevents this outcome.
How this works
A probate court appoints a guardian for your minor children under Uniform Probate Code §5-203 using a legal standard, not a relational one. Family members can — and do — disagree about guardianship in contested probate proceedings. A court resolves that dispute without your documented voice in the room. A valid will executed under state-specific requirements — such as Florida Statute §732.501 or New York SCPA §1401 — lets you name your preferred guardian directly, creating a documented and enforceable starting point.
The Social Security Administration provides survivor benefits to your children until age 18, or age 19 if they remain enrolled in high school, under 42 USC §402(d) and SSA Publication 05-10084. Those benefits exist regardless of whether you have a will. Without a named executor or trust structure, however, probate delays the distribution of other estate assets and creates administrative burden at the worst possible moment for your family.
A testamentary trust or revocable living trust established under Uniform Trust Code §601 and Revised Uniform Probate Code §3-301 keeps a named fiduciary — someone you chose — in control of the timeline and terms of your children's inheritance. A state-appointed administrator does not know your children. Your named trustee does. That distinction shapes every financial decision made on your children's behalf during the administration period.
Fidelis Estate pairs you with a professional who walks through each required document — will execution, guardianship nomination, and trust structure — with AI amplifying every step so you reach expert-level outcomes in territory you have never had to navigate alone. The planning takes roughly 90 minutes. Begin at https://www.fidelis.solutions/intake.
Sources
- Uniform Probate Code §2-101 through §2-103 — intestate succession order
- Uniform Probate Code §5-203 — court appointment of guardian for minor
- Uniform Trust Code §601 — revocable trust formation and validity
- Revised Uniform Probate Code §3-301 — supervised and unsupervised administration
- 42 USC §402(d) — Social Security survivor benefits for dependent children
- SSA Publication 05-10084 — Survivors Benefits (Social Security Administration)
- Florida Statute §732.501 — will execution requirements
- New York SCPA §1401 — will execution requirements
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