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There's no will. What now?

About one in three Americans dies without a will. The estate still gets settled — it just runs on your state's default rules instead of the deceased's wishes. Here's what changes.

The estate gets settled either way

Without a will, the estate is administered under your state's intestate succession statute. Typically, a surviving spouse and children inherit first, then parents, then siblings, then more distant relatives.

An interested party (usually a close relative) petitions the court to be appointed administrator and receives Letters of Administration. From there, the procedural steps are similar to probate with a will.

Bond is more likely

Many states require an administrator to post a bond when there is no will, even if everyone agrees on who should serve. The bond is paid from the estate. The cost is generally a small percentage of estate value.

Disputes get more common

Without a will, family members can disagree about who should administer the estate, how property should be divided, and whether informal promises should be honored.

If there's any meaningful disagreement, hire a probate attorney before filing. The cost of doing it right is far less than the cost of doing it twice.

What about non-probate assets

Assets with named beneficiaries (life insurance, retirement accounts, transfer-on-death bank accounts, jointly owned real estate) pass outside probate the same way they would with a will. Intestate succession only governs probate assets.

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