What Happens When There Is No Will: A Complete Guide for Estate Administrators

You just learned that someone close to you passed away without a will. Maybe it was a parent, a sibling, or a spouse. Along with your grief, you’re facing an unexpected responsibility: settling their estate. If you’re wondering what happens when there is no will and how you’re supposed to handle it, you’re not alone.

According to Gallup, only 46% of U. S. adults have a will. That means the majority of Americans die without one, leaving their families to navigate a process called intestate succession. The good news? While settling an intestate estate involves more steps than one with a will, the process has a clear path. We’ll walk through exactly what you need to know and do.

What Does It Mean to Die “Intestate”?

When someone dies without a valid will, they’re said to have died “intestate.” The term comes from Latin and simply means “without a testament.” Intestacy can happen for several reasons:

Procrastination - They meant to create a will but never got around to it
Unexpected death - They passed away suddenly before planning their estate
Invalid will - They had a will, but it didn’t meet legal requirements (missing signatures, improper witnesses, etc.)
Lost or destroyed will - A will existed but can’t be located or was accidentally destroyed

When there’s no valid will, the state steps in with a predetermined plan for distributing assets. Each state has intestate succession laws that dictate exactly who inherits and in what proportions. The deceased person’s wishes don’t factor into this process because there’s no legal document expressing them.

Administrator vs. Executor: What’s the Difference?

When there’s a will, the document names an executor to manage the estate. Without a will, the court appoints an administrator instead. Both roles carry similar responsibilities:

Gathering and protecting assets
Paying debts and taxes
Distributing remaining assets to heirs

The key difference? An executor follows the deceased’s instructions from the will. An administrator follows state intestacy laws. You don’t get to decide who inherits or how much they receive. The law makes those decisions for you.

Who Inherits When There Is No Will?

When there is no valid will, the state steps in with a predetermined plan for distributing assets

State intestacy laws follow a hierarchy based on family relationships. While specific rules vary by state, the general order of inheritance is consistent across the country.

The General Order of Inheritance

1. Surviving Spouse In most states, the surviving spouse receives the largest share of the estate. If there are no children, the spouse often inherits everything. With children, the spouse typically receives between one-third and one-half of the estate, with the remainder going to the children.

2. Children and Descendants Children inherit equally from an intestate estate. If a child died before the parent, their share typically passes to their own children (the deceased’s grandchildren). This is called “per stirpes” distribution. Legally adopted children have the same inheritance rights as biological children.

3. Parents If the deceased had no spouse or children, their parents inherit the estate. Some states split the estate equally between surviving parents; others give everything to one if only one parent survives.

4. Siblings Without a spouse, children, or living parents, siblings inherit next. Half-siblings typically have the same rights as full siblings under intestacy laws.

5. Extended Relatives If no immediate family exists, the estate passes to more distant relatives: nieces and nephews, aunts and uncles, then cousins. The search continues through the family tree until an heir is found.

6. The State (Escheatment) In rare cases where absolutely no relatives can be located, the estate “escheats” to the state. This is uncommon because courts will search extensively for any living relative before this happens.

Who Does NOT Inherit Under Intestate Laws

Intestacy laws only recognize legal and blood relationships. The following people have no inheritance rights unless specifically named in a will:

Stepchildren - Unless legally adopted, stepchildren receive nothing, regardless of how close the relationship was
Unmarried partners - Decades-long relationships don’t create inheritance rights without marriage or a will
Friends - No matter how important to the deceased
Charities - Only receive inheritances through wills or trusts
Foster children - No inheritance rights without legal adoption

This is one of the most emotionally difficult aspects of intestate succession. The law cannot account for the actual relationships in someone’s life.

Common Family Situations

Spouse with children from the same marriage: Most states give the spouse everything or split between spouse and children (often 50/50 or one-third to spouse, two-thirds to children).

Blended families (spouse with children from different marriages): This is where intestacy laws create the most conflict. The spouse receives their statutory share, and children from all of the deceased’s relationships receive equal portions of the remainder. Stepchildren receive nothing unless adopted. Children from previous relationships may inherit more than the current spouse expected.

No spouse, only children: Children inherit everything in equal shares.

No spouse or children: Parents inherit first. If no parents survive, siblings inherit, then nieces and nephews, and so on.

Estranged family members: Intestacy laws don’t consider relationship quality. An estranged child has the same inheritance rights as a child with a close relationship. This often leads to family tension and legal disputes.

What Assets Are NOT Subject to Intestate Succession?

Not everything the deceased owned goes through intestacy. Several types of assets pass directly to named beneficiaries or joint owners, regardless of whether a will exists:

Joint accounts with right of survivorship: Bank accounts, investment accounts, or property owned jointly with survivorship rights pass automatically to the surviving owner.

Life insurance policies: Proceeds go directly to the named beneficiary, not through the estate.

Retirement accounts (401k, IRA, pension): These pass to designated beneficiaries. If no beneficiary was named, they may become part of the estate.

Transfer-on-death (TOD) accounts: Investment and bank accounts with TOD designations bypass probate entirely.

Payable-on-death (POD) accounts: Similar to TOD accounts, these pass directly to named beneficiaries.

Property in living trusts: Trust assets are distributed according to trust terms, not intestacy laws.

Real estate with transfer-on-death deeds: Some states allow TOD deeds that transfer property directly to a named beneficiary.

As an administrator, your first task is understanding which assets go through probate and which pass outside the estate. This determines what you’re actually responsible for managing.

How to Become the Estate Administrator

Unlike an executor named in a will, an administrator must petition the probate court for appointment. The court follows a priority order when selecting who can serve.

Who Can Petition to Be Administrator?

Most states follow this priority order:

Surviving spouse
Adult children
Parents
Siblings
Other next of kin
Creditors (in some states)

Courts consider several factors when multiple people want to serve:

Proximity to the deceased’s assets
Ability to manage the responsibilities
Any conflicts of interest
Agreement among family members

What disqualifies someone?

Being under 18 (or 21 in some states)
Felony convictions
Being deemed incompetent by a court
Having a business relationship that creates conflicts

If family members can’t agree on who should serve, they can submit written waivers in favor of their preferred administrator. When disputes can’t be resolved, the court makes the decision.

The Petition Process

To become administrator, you’ll need to:

1. File a petition with the probate court This is typically filed in the county where the deceased lived. The petition requests that the court appoint you as administrator.

2. Gather required documents

Certified death certificate (you’ll need 10-15 copies)
Proof of your relationship to the deceased
List of known heirs
Estimate of estate value

3. Provide notice to heirs and creditors Most states require you to notify all potential heirs of the proceeding. Some require publication in a local newspaper.

4. Attend a hearing (if required) Some courts require a hearing, especially if there are disputes. Others handle straightforward appointments administratively.

5. Post a bond Unlike executors named in wills (who can often waive bond requirements), administrators typically must post a surety bond. This protects the estate and heirs if you mismanage assets. Bond amounts are usually based on estate value.

Getting Your Letters of Administration

Once the court approves your appointment, you’ll receive “Letters of Administration“ (sometimes called “Letters Testamentary” even in intestate cases). This document proves your legal authority to:

Access the deceased’s bank accounts
Manage and sell property
Deal with creditors
File tax returns on behalf of the estate
Distribute assets to heirs

Keep the original in a safe place and request certified copies. You’ll need to show these letters to banks, investment companies, insurance providers, and anyone else holding the deceased’s assets.

Your Duties as Estate Administrator

Once appointed, you take on fiduciary responsibility for the estate. This means you must act in the best interests of the heirs and creditors, not your own interests. Here’s what you’ll need to do:

1. Inventory all assets Create a complete list of everything the deceased owned: bank accounts, investments, real estate, vehicles, personal property, business interests, and debts owed to them.

2. Secure and protect assets Change locks if necessary. Ensure property is insured. Protect valuable items from theft or damage. Continue paying necessary expenses (mortgage, utilities, insurance) from estate funds.

3. Open an estate bank account All estate income and expenses should flow through this account. Never mix estate funds with your personal accounts.

4. Notify creditors and pay valid debts States require formal notice to creditors, usually through publication. Creditors have a limited time (often 3-12 months depending on state) to file claims. Pay valid debts from estate assets.

5. File tax returns You’ll need to file the deceased’s final personal income tax return and potentially estate income tax returns. Large estates may also owe estate taxes.

6. Distribute assets according to state law Once debts, taxes, and administrative expenses are paid, distribute the remaining assets to heirs as dictated by your state’s intestacy laws.

7. Account to the court Most probate courts require a final accounting showing all assets collected, debts paid, and distributions made. Some require periodic interim accountings.

These responsibilities closely mirror those of an executor. For detailed guidance on each of these tasks, see our complete guide to executor duties.

How Long Does Probate Take Without a Will?

Settling an intestate estate typically takes 9-18 months, though complex cases can take longer. Several factors affect the timeline:

Why intestate estates often take longer:

No named executor means court appointment delays
Locating heirs can take time if family is scattered or estranged
Bond requirements add processing time
Family disputes over administrator selection or asset distribution
Unknown assets with no guidance from the deceased

Factors that extend the timeline:

Real estate in multiple states (requiring ancillary probate)
Business interests or complex investments
Contested claims from potential heirs
Outstanding debts or litigation against the deceased
Missing or incomplete financial records

What can speed things up:

Simple estate with few assets
Cooperative family members
Clear documentation
No contested claims
Efficient probate court

Most states have a one-year creditor claim period, so estates rarely close faster than 12 months even when everything goes smoothly.

What Does Settling an Intestate Estate Cost?

Probating an intestate estate is typically more expensive than one with a will. Here’s what to expect:

Court filing fees: $200-$500 depending on jurisdiction

Administrator bond: Annual premium of 0.5%-1% of bond amount (based on estate value)

Attorney fees: Many administrators hire probate attorneys. Fees range from $3,000-$10,000+ depending on estate complexity and whether hourly or flat-rate billing is used.

Attorney ad litem: If heirs can’t be located, courts appoint an additional attorney to search for them, paid from estate funds.

Accounting and tax preparation: $500-$2,000+ for professional assistance

Appraisals: Required for real estate and valuable personal property

Publication costs: Newspaper notices for creditors typically cost $100-$500

Total average cost:

With a will: $5,000-$8,000
Without a will: $10,000-$15,000

These costs come from the estate before distribution to heirs. In extreme cases, probate expenses can consume 10% or more of estate value.

Common Challenges in Intestate Estate Settlement

Family Disputes and Disagreements

Intestate estates are breeding grounds for family conflict:

Multiple people wanting to be administrator: When siblings or other relatives each want control, the court must decide. This adds time, cost, and emotional strain.

Beneficiaries unhappy with legal distribution: A longtime partner receives nothing while an estranged child inherits. A devoted stepchild is excluded while biological children who never visited get everything. These situations cause real pain, but administrators can’t change what the law dictates.

Estranged family members appearing: Children who haven’t been in contact for years have the same inheritance rights as those who were caregivers. This often leads to resentment and disputes.

How to manage conflict:

Document everything thoroughly
Communicate proactively and transparently with all heirs
Remain neutral - you’re following the law, not making personal decisions
Consider family mediation for serious disputes
Consult an attorney when conflicts escalate

Finding All the Assets

Without a will or estate plan, you have no roadmap to the deceased’s financial life. You’ll need to:

Search through mail, email, and documents for account statements
Review tax returns for income sources and deductions
Check with employers about retirement accounts and life insurance
Contact financial institutions where you find any record of accounts
Search unclaimed property databases
Look for safe deposit boxes

This detective work is one of the most time-consuming parts of intestate estate settlement. Missing accounts can delay distribution and create legal problems if discovered later.

Managing Out-of-State Responsibilities

If the deceased owned real estate in other states, you’ll need “ancillary probate” in each state. This means:

Filing separate petitions in each state
Following each state’s intestacy laws (which may differ)
Potentially posting bonds in multiple jurisdictions
Working with attorneys in multiple states

For administrators who live far from where the deceased resided, managing the primary probate process is also challenging. You’ll be coordinating with courts, attorneys, and financial institutions remotely while handling property that may be hundreds of miles away.

How to Keep Beneficiaries Informed

Clear communication with heirs prevents misunderstandings and reduces conflict. While requirements vary by state, best practices include:

Legal requirements:

Formal notice of probate proceedings
Notification of your appointment as administrator
Copy of the final accounting before distribution

Best practices for transparency:

Send regular status updates (monthly or quarterly)
Explain the intestacy laws clearly so beneficiaries understand why distributions happen as they do
Provide access to important documents
Give realistic timeline expectations
Respond promptly to questions

Reducing conflict through updates: When beneficiaries don’t know what’s happening, they assume the worst. Regular communication - even when there’s little new to report - builds trust and prevents the suspicion that leads to disputes.

Creating a shared source of truth where all beneficiaries can see estate progress, documents, and next steps eliminates the “why haven’t I heard anything?” calls and keeps everyone aligned.

When You Need Professional Help

While some administrators handle simple estates themselves, professional guidance is often worth the cost.

When to hire a probate attorney:

The estate includes real estate, especially in multiple states
There are business interests or complex investments
Debts exceed assets or there are questions about creditor claims
Family disputes are likely or already occurring
You’re unfamiliar with probate procedures in the relevant state
The estate is large enough to trigger estate taxes

What accountants can handle:

Preparing the deceased’s final income tax return
Estate income tax returns during administration
Estate tax returns for larger estates
Valuation assistance for business interests
Financial documentation for the court

Estate settlement tools:

Modern estate settlement platforms can help you organize documents, track tasks, communicate with beneficiaries, and manage the process step by step. These tools are especially valuable for first-time administrators who need guidance on what comes next.

Moving Forward

Settling an intestate estate is more complex than one with a will, but the process has defined steps. Here’s what to remember:

Intestacy isn’t chaos - State laws provide a clear framework for who inherits
Get appointed properly - You need legal authority before taking action
Document everything - This protects you and prevents disputes
Communicate proactively - Keep beneficiaries informed to reduce conflict
Seek help when needed - Professional guidance prevents costly mistakes

The timeline is typically 9-18 months, costs average $10,000-$15,000, and the work is significant. But with clear steps and the right support, you can fulfill this responsibility well.

If you’re facing an intestate estate and feeling overwhelmed, you don’t have to figure everything out alone. Entrusted guides administrators through each step of estate settlement with personalized task management, document organization, and tools to keep beneficiaries informed. See your next steps and get a clear path forward.

Frequently Asked Questions

What happens if someone dies without a will and has no family? If absolutely no relatives can be located after an extensive search, the estate “escheats” to the state. However, courts search thoroughly for any living relative, including distant cousins, before this happens.

Can I be forced to serve as administrator? No. Serving as administrator is voluntary. If you don’t want the responsibility, you can decline, and the court will appoint someone else from the priority list.

Do stepchildren ever inherit without a will? Only if they were legally adopted by the deceased. The length or closeness of the relationship doesn’t matter under intestacy laws.

How do I find out if someone had a will? Check their home, safe deposit boxes, and with any attorneys they may have used. Contact the probate court in their county of residence. Some states have will registries. If no will surfaces during a reasonable search, the estate is presumed intestate.

What if I discover a will after probate begins? If a valid will is found during intestate proceedings, notify the court immediately. The probate process will shift to follow the will’s instructions, and an executor may replace the administrator.