What to Do When Someone Dies Without a Will

When someone dies without a will — known legally as dying "intestate" — the process of settling their estate is more complicated and time-consuming than when a valid will exists, but it is still manageable. Approximately 60 percent of American adults do not have a will, so this situation is extremely common.

The first step is to file a petition with the probate court in the county where the deceased person lived. You are asking the court to appoint you as the "administrator" of the estate (this is the equivalent of an executor, but the term changes when there is no will). The court will typically appoint the closest living relative — surviving spouse first, then adult children, then parents, then siblings. If multiple family members want to serve, the court will decide. Filing fees vary by state but typically range from $50 to $400. You can find your county's probate court through a web search or by calling the county clerk's office.

Once appointed, you will receive "letters of administration" — the legal document that gives you authority to act on behalf of the estate. This is functionally identical to letters testamentary. You will need multiple certified copies (request at least 10) because every bank, investment company, and government agency will require one. With letters of administration in hand, you can access bank accounts, pay debts, sell property, and distribute assets.

Without a will, state intestacy law determines who inherits. While the specific rules vary by state, the general pattern is: the surviving spouse receives the largest share (often all assets in some states, or a percentage plus a fixed dollar amount in others), then children split the remainder equally, then parents, then siblings. If the deceased had a domestic partner but was not legally married, the partner may have no inheritance rights at all under intestacy, depending on the state. Assets with named beneficiaries — life insurance policies, 401(k) accounts, IRAs, and payable-on-death bank accounts — pass directly to those beneficiaries regardless of intestacy and do not go through probate.

Intestacy proceedings generally take longer than probated wills because the court exercises more oversight. Expect the process to take 9 to 18 months for a moderately complex estate. The administrator may be required to post a bond (essentially an insurance policy protecting the estate from mismanagement), which the estate pays for. If the estate is small — most states define this as under $50,000 to $150,000 in assets — you may qualify for a simplified probate process, sometimes called "small estate affidavit" or "summary administration," which is significantly faster and less expensive. An estate attorney can help you determine the most efficient path, and many offer free initial consultations.

Without a will ("intestate"), state law determines who inherits. Typically: surviving spouse first, then children, then parents, then siblings. The court will appoint an administrator (not an executor). Intestate proceedings generally take longer than probated wills.

Assets with named beneficiaries (life insurance, 401k, IRA) pass outside of probate regardless. Joint accounts pass to the surviving account holder. Everything else goes through intestate succession.