Advantages of Intestacy

• No expense of a will.
• No need to think about death.
• All community property to surviving spouse.

Disadvantages of intestacy

• Creates chaos in the family.
• Creates unnecessary expense because court is heavily involved.
• Inability to provide the items in Advantages of will.

Advantages of will

Opportunity to provide the following:

• Power to dispose of property according to testator's wishes.
• Appointment of guardian for minor children.
• Appointment of executor.
• Permission to the personal representative (executor) to carry on business, sell assets, make tax decisions.
• Allocation of death taxes in best way.
• Elimination of bond of personal representative (executor or administrator).
• Creation or exercise of powers of appointment.
• Permits gifts to certain relatives, individuals, or charities, none of which are covered by intestacy laws.
• Tax saving through marital deductions.
• Providing for descent of property for children of those who die before testator.
• Establishing testamentary trusts with spendthrift clauses to protect beneficiary against his or her own improvidence.
• Keeping property out of hands of future spouse of a survivor.