The Estate Relay: What Happens When the Torch is Dropped?

The Estate Relay: What Happens When the Torch is Dropped?

By Melinda Gustafson Gervasi

February 6, 2026

Rome. Image by M. Gustafson Gervasi

 As the world’s eyes turn to the opening ceremonies in Italy tonight, there is no moment more symbolic than the lighting of the Olympic cauldron. It represents the final, successful hand-off in a journey that spanned continents. In my practice, I view a person’s estate in much the same way—it is a torch lit by a lifetime of hard work, meant to be passed seamlessly to the next generation. When a solid estate plan is in place, that hand-off is a moment of honor and transition. But when someone passes away without a will, we aren't just looking at a pause in the ceremony; we are looking at a dropped torch.

In the legal world, dying without a will is known as intestacy. When the torch is dropped, the momentum of your legacy grinds to a halt. Instead of a pre-selected Personal Representative stepping forward to lead, the probate court must intervene to appoint someone for the role. This isn't just a paperwork delay; it’s a period of uncertainty where assets can sit in limbo, bills can go unpaid, and the family is left wondering who is authorized to pick up the flame.

Moreover, without your specific instructions stated via a will, the state provides a "default relay team" through intestate succession laws. These means state statutes dictate exactly who is eligible to inherit your estate, following a rigid hierarchy of kinship that may not reflect your actual relationships or wishes. You might have intended for a lifelong partner or a specific charity to carry your legacy forward, but the law may instead recognize an estranged relative or a family member ill-equipped to inherit your legacy.

The goal of probate is to ensure your final "event" concludes with dignity and that your assets reach their intended destination by the guidance of a Personal Representative you nominate. As we celebrate the start of the Olympic Games, take a moment to look at your own relay team. Make sure you have a clear hand-off plan in place to ensure that when the time comes, your torch keeps burning bright for those who follow.

A blog is meant to spark thought and discussion; it is not legal advice.  I appreciate you reading and encourage you to seek legal advice from an attorney in your home state.  Be well, and share this post on your favorite social media platform if you found it helpful!