Everyone has an estate plan, intentionally or unintentionally.  If you intend to distribute the properties at the end of your lifetime, you can either create a will or revocable living trust and distribute all your assets. If you die with a will, it’s called testate.     

If you die without a will, it’s called intestate and the State where you are a resident of will determine how your assets will be distributed.  Each States has it own unique succession rules.  Usually, the assets are split amongst the spouses and children, if you have any.  If no children, everything goes to your spouse.  If no children and spouse, then it goes to your parents in equal shares.  If no parents, then to your siblings in equal shares.

You don’t need a will, if you wish that your assets will be distributed in this manner. 

Whether you die with a will or without a will, you need to file papers in Surrogate Courts.  If you die with a will, it’s called, probate proceedings and an Executor will be appointed pursuant to your wishes.  If you don’t have a will, your family members or friends can petition the surrogate courts and an Administrator will be appointed to take care of your affairs.