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.
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