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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Related tasks
- Locate the will and any trust documentsFind the original will. Photocopies are not the same as originals, and the original is what gets filed with the court.
- File the probate petition with the courtIf the estate requires probate, you'll file a petition with the appropriate court in the county where the decedent lived.
- Inventory the estate's assets and debtsYou're personally responsible for an accurate accounting. Most courts require a formal inventory; even when they don't, you need one to administer the estate.