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:
- DIY Probate Starter Kit – A structured starting point so you know what to look at and how to get organized.
- Probate Companion Call – A 60–90 minute one-on-one session where we walk through your situation and build a personalized action plan.
- Full Probate + Companion Service – A guided 30-day roadmap with support so you’re not carrying this alone.
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.
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