Author: forsythbobby

  • What Happens When There’s No Will?What Probate Looks Like and What To Do First

    When a loved one dies without a will, families often feel a double shock. You’re grieving, and at the same time you’re suddenly asking: What happens now? Who’s in charge? Does everything have to go through probate?

    The good news is that dying without a will (called intestate) is very common, and there is a process. The bad news is that almost no one explains it in plain English. Let’s fix that.

    What “No Will” Really Means: Intestate Probate

    When someone dies without a will, their estate is considered intestate. That does not mean the state takes everything. It means:

    Your state’s default inheritance rules decide who is in line to receive what.

    Those rules look at things like:

    • Whether there is a surviving spouse
    • Whether there are children
    • Whether parents or siblings are living

    The exact order changes by state, but you’re not starting from chaos. There is a legal roadmap, even if it’s not written in your loved one’s own words.

    Who Might Be in Charge of the Estate?

    Without a will, there is no named executor, so the probate court often appoints an administrator instead.

    That person is usually:

    • A surviving spouse, or
    • An adult child, or
    • Another close relative the court believes is appropriate

    Being “the oldest” or “the most responsible” doesn’t automatically give someone legal authority. The court has to officially approve an administrator before they can act on behalf of the estate.

    You don’t need to fight this out at the kitchen table. But it helps to understand that someone will be chosen, and the court has a say.

    What Probate Looks Like Without a Will

    Probate without a will still follows the same basic idea:

    • The court oversees the estate
    • Assets and debts are identified
    • Heirs are determined under state law
    • The estate is eventually wrapped up

    Not every asset goes through full probate. Some accounts or policies may pass directly to named beneficiaries or joint owners. This is where families often make mistakes by moving things too soon or assuming “it’s all mine now.”

    My paid resources go into more detail about which assets usually go through probate and which don’t, because the specifics depend heavily on your state and your loved one’s situation.

    What You Should Do First (Without Overwhelming Yourself)

    You don’t have to fix everything this week. A few smart, calm first steps go a long way:

    • Protect important documents and mail. Keep papers, statements, and legal documents together and safe.
    • Make a simple list of assets and debts. You don’t need exact balances yet—just what exists and where.
    • Avoid “informal” transfers. Don’t start moving money, changing titles, or emptying accounts “just to get it done.” That can create legal and family problems later.
    • Write down questions. As things come up—about the house, accounts, cars, or debts—write them down so you can get clear answers instead of guessing.

    The goal right now is orientation, not perfection.

    When You Need More Than a Blog Post

    A single article can help you breathe and understand the big picture, but it can’t look at:

    • Your exact family dynamics
    • The specific assets and debts in this estate
    • Your state’s particular probate rules
    • How to avoid unnecessary conflict and delay

    That’s why I offer different levels of help for families in this position:

    If you’re staring at a situation where there’s no will and you’re not sure what happens next, you don’t have to figure it out by yourself. With the right guidance, you can move forward calmly, confidently, and in a way that honors your loved one.

  • Probate When There’s No Will: What You Need to Know Now

    Finding out there’s no will after a loved one dies can feel like the bottom just dropped out. People start asking:

    • “What happens if someone dies without a will?”
    • “Who’s in charge now?”
    • “Does the state just take everything?”

    The good news is: this situation is extremely common, and there is a process. The problem is that almost no one explains it in plain English.

    This article won’t turn you into a probate lawyer (and it’s not meant to). Instead, it’s here to give you a calm, clear picture of what’s happening so you can take the right first steps instead of panicking or guessing.

    1. No Will = “Intestate” (and the State Has a Default Plan)

    When someone dies without a will, the legal term is “intestate.” That doesn’t mean chaos, and it doesn’t mean the government automatically takes everything.

    Intestate just means:

    Your loved one didn’t leave written instructions,

    so your state’s default inheritance rules kick in.

    Those rules decide:

    • Who is in line to inherit (spouse, children, parents, siblings, etc.)
    • How property is split when there’s no will
    • Who is considered an heir for probate purposes

    The exact order depends on your state, but the big idea is the same everywhere:

    there is a structure. You’re not starting from zero.

    2. Someone Still Has to Be Officially Put in Charge

    Even without a will, the estate doesn’t just “handle itself.”

    Instead of an executor (named in a will), the court usually appoints an administrator to handle the probate estate.

    That person’s job is to:

    • Work with the probate court
    • Gather information about assets and debts
    • Communicate with heirs and beneficiaries
    • Help move the estate through the probate process

    A few important points:

    • The oldest child is not automatically in charge.
    • The loudest relative doesn’t get to run everything.
    • The court looks at your state’s laws and the situation and then decides who to appoint.

    You don’t have to decide that today, and you don’t need to argue it out at the funeral. But it helps to understand that someone will be chosen and that the court has a say.

    3. Not Everything Goes Through Probate

    One of the biggest myths I see is:

    “Mom didn’t have a will, so everything has to go through probate.”

    That’s usually not true.

    Some assets may bypass probate entirely, depending on how they were set up. For example, certain things often don’t go through the main probate process:

    • Accounts with named beneficiaries (like life insurance or retirement accounts)
    • Some jointly owned property
    • Certain “payable on death” or “transfer on death” accounts

    Other things usually do get handled through probate, such as:

    • Property owned only in the deceased person’s name
    • Some bank accounts
    • Certain personal property or real estate

    I go into the details of which assets usually go where inside my paid resources, because this is where families accidentally create delays or conflict. For now, just know this:

    Your job today is not to move or split assets.

    Your job is to understand what exists and how it’s titled.

    4. The Real Danger: Family Conflict, Not Just Court Forms

    When there’s no will, the legal system has rules.

    But the family system often doesn’t.

    This is where things get messy:

    • One person thinks they should be in charge.
    • Another thinks they were “promised” something.
    • Someone quietly moves money or property “just to keep it safe.”
    • Siblings stop talking over misunderstandings.

    The court can help sort out legal rights, but it cannot repair relationships. That’s why I put so much emphasis on:

    • Clear communication
    • Written plans
    • Managing expectations early
    • Preventing “side deals” and secret decisions

    In my work with families, I’ve seen more damage from hurt feelings and assumptions than from any court form.

    5. What You Actually Need to Do Now (Without Getting Overwhelmed)

    When there’s no will, you do not need to fix everything this week. But there are a few smart first steps you can take:

    • Stay calm and don’t rush to the courthouse. Probate is a process, not an emergency button.
    • Protect important paperwork and information. Keep documents, mail, and statements together and safe.
    • Make a basic list of assets and debts. You don’t need every detail yet—just a clear picture of what’s out there.
    • Avoid moving or dividing property “informally.” Moving money or things around too soon can cause legal and family problems later.

    The key is orientation, not action. Once you understand the landscape—who the likely heirs are, what the estate includes, and how your state views intestate estates—you can move forward with much more confidence.

    6. When You Need More Than a Blog Post

    A single article can calm you down and give you direction, but it can’t:

    • Look at your specific family situation
    • Sort out who the likely heirs are under your state’s laws
    • Help you prepare for your local probate court
    • Give you a step-by-step plan based on your exact assets and relationships

    That’s why I created different levels of help for families who are dealing with probate when there’s no will:

    • DIY Probate Starter Kit– A structured starting point with checklists, explanations, and guidance so you’re not guessing what to look at next.
    • Probate Companion Call– A 60–90 minute one-on-one session where we walk through your family, assets, debts, will/no-will situation, and I give you a clear, personalized action plan.
    • Full Probate + Companion Service– For families who want a guided 30-day roadmap with ongoing support so they’re not carrying this alone.

    You don’t have to know every detail of intestate probate to move forward.

    You just need the right information at the right time, and someone who can translate this process into plain English.

  • What If There’s No Will? A Plain-English Guide for Families Feeling Lost

    One of the most stressful situations families face after a loved one passes is discovering there is no will. It feels like everything becomes a question: Who’s in charge? Who inherits what? Can anyone take control? Does the state decide everything?

    The good news is this:

    Families deal with this every day, and there is a process — it’s just rarely explained clearly.

    Here’s what you actually need to know in the early stages, without diving into all the legal steps that come later.

    1. No Will Does Not Mean Chaos — It Just Means “Intestate”

    If someone dies without a will, the estate is considered intestate.

    That sounds intimidating, but all it means is:

    The state already has a default plan for who inherits.

    That plan depends on:

    • Marital status
    • Children
    • Parents
    • Siblings
    • And a few other factors

    But you don’t need the exact legal tree right now — you just need to know this is normal and the court sees it every day.

    2. Someone Still Has to Step Up — But Not Everyone Has Equal Power

    This is the part families misunderstand.

    Just because someone is the oldest child…

    or the loudest child…

    or “always handled things”…

    …doesn’t automatically give them authority.

    The person who eventually handles the estate is called:

    • Administrator (when there’s no will)
    • Executor (when there is a will)

    In intestate cases, the court often prefers:

    1. Surviving spouse
    2. Adult children
    3. Parents
    4. Siblings

    But it depends on the state.

    The key:

    It’s not finalized until the court officially appoints someone.

    And you don’t need to figure this out today — you just need to understand the dynamic.

    3. Not All Assets Follow the Intestate Rules

    Here’s where families get confused.

    Even without a will:

    • Joint bank accounts
    • Life insurance
    • Retirement accounts
    • Pay-on-death accounts
    • Some real estate

    …may transfer outside of intestacy completely.

    This is why the early stage is about clarity, not action.

    You don’t want to assume everything goes through the court — because it rarely does.

    4. The Biggest Problem Without a Will Isn’t Legal — It’s Family Conflict

    I’ve helped many families through intestate cases, and the most common issue isn’t the court…

    …it’s the relatives.

    No will often means:

    • Different expectations
    • Different memories of “what Mom wanted”
    • Different opinions on who should be in charge

    A calm, structured plan prevents most of this.

    5. Don’t Rush to File — Get Oriented First

    People think they need to go to the courthouse immediately.

    You don’t.

    Before filing, you want to understand:

    • Who the likely heirs are
    • What major assets exist
    • Whether anything avoids probate
    • Whether the family is aligned
    • What the court in your state requires

    This prevents mistakes that can delay the estate for months.

    If You’re Dealing With No Will and Need Clarity

    You’re not alone. Intestate cases are extremely common, and families often just need someone to translate the system into plain English.

    If you want structured, step-by-step guidance tailored to your situation, here are your options:

    I built these resources because “no will” doesn’t have to mean confusion or conflict. With the right information, you can move forward confidently and avoid costly mistakes.

  • What to do First When a Loved One Passes (Without Getting Overwhelmed)

    Losing someone you love is one of the hardest moments in life. On top of the emotional weight, families often find themselves suddenly responsible for decisions they were never prepared for—probate, wills, assets, debts, and questions that don’t have obvious answers.

    I’ve helped many families navigate this exact situation, and the biggest mistake I see is this:

    People try to do everything at once.

    You don’t need to know everything today. But you do need a calm, clear understanding of what actually matters in the beginning—and what can wait.

    Let’s break it down in a straightforward, non-legal way.

    1. Your First Priority Is NOT Legal Paperwork

    Despite what the internet suggests, you do not need to rush into probate on day one. Courts expect families to grieve, gather themselves, and get organized.

    Your real first step is simply stability—making sure:

    • Immediate needs are handled
    • Important documents are safe
    • No one starts taking or moving assets
    • Family communication is controlled and calm

    Most families skip this, and it leads to conflict later.

    2. Find Out Whether There Might Be a Will — But Don’t Tear the House Apart

    You don’t have to solve the entire estate in one day.

    You just need a sense of whether:

    • A will exists
    • There might be one but no one has found it
    • There is definitely no will (which is called “intestate”)

    Each situation leads to a slightly different path, but none of them require you to make immediate decisions.

    I walk families through this during my Companion Call because the will situation is usually more complicated than it looks.

    3. Identify the Likely Heirs (Not Officially—Just to Understand the Landscape)

    Every state has its own rules for who inherits.

    You don’t need the final legal list right now.

    You just need to understand:

    • Who will probably be involved
    • Who might have questions
    • Who may challenge things later

    This prevents surprises and arguments once probate begins.

    4. Understand Which Assets Might Require Probate (Many Don’t)

    People assume every asset must go through probate, but in many cases:

    • Joint accounts
    • Life insurance
    • Retirement accounts
    • Certain property …may transfer outside of the court system.

    This is why the early stage is about clarity, not action.

    My full bundles explain in detail which assets typically require probate and which don’t, because this is where most families accidentally waste time or make avoidable mistakes.

    5. Don’t File Anything Until You Understand the Timeline

    Probate is a process with multiple phases, and starting too early or in the wrong order creates delays.

    It’s more important to understand:

    • What the court expects
    • The right order to take steps
    • What must be included
    • What NOT to do before filing

    This is where families accidentally cost themselves months.

    Why This Matters

    The first days and weeks are about getting oriented, not rushing into legal work. When families slow down and get organized, everything goes smoother, cheaper, and with less conflict.

    My role is to translate the probate system into plain English so you know:

    • What matters today
    • What can wait
    • What needs attention
    • And how to avoid the common traps that make probate harder

    If you want help knowing exactly what applies to your situation, I’ve created three options:

    • DIY Probate Beginners Guide – For families who can’t afford a probate attorney, or feel like they are capable of handling the knowledge-intensive process alone. I’ll give you an organized starting point.
    • Probate Companion Call – a 60–90 minute Zoom meeting or phone call that culminates in an extensive deep-dive into your exact situation, with a personalized plan giving you all the tasks that need to be completed and a time frame goal for each task that doesn’t overwhelm you, but also gets the tough task of probate completed.
    • Full Probate + Companion Service – for families who want structured guidance that includes a custom 30-60 day plan that allows your attorney to handle the legal side of your family’s estate while I help you complete all tasks your attorney has given you on the family side. Perfect for families who already have an attorney who isn’t as good with communication as you would like. I witness this firsthand more than I care to admit.

    You don’t have to figure this out alone. Your first steps matter, and getting them right makes the entire process easier.