What to Do If There Is No Will

If someone dies without a will, it’s called dying intestate. This is common, and manageable, but it changes the process. This guide explains what to do next and what not to do.

Step 1: Pause Major Decisions

Do not distribute assets, sell property, or pay debts yet. Without a will, the legal process matters more and moving too fast creates problems.

Step 2: Find Out Who Can Act

When there is no will:

• The court appoints an administrator (similar to an executor)

• Priority usually goes to a spouse, adult child, or close relative

• You do not automatically have authority, even if you’re next of kin

Authority comes from the court, not family agreement.

Step 3: Determine Whether Probate Is Required

Probate may still be avoided if:

• Assets were jointly owned

• Accounts have named beneficiaries

• Property is held in a trust

Solely owned assets with no beneficiaries usually require probate.

Step 4: Follow State Intestacy Laws

Without a will, state law decides who inherits. This can differ from what the family expects.

Distribution depends on:

• Marital status

• Children or descendants

• Other living relatives

Verbal promises or handwritten notes don’t count.

Step 5: Expect a Longer Timeline

Intestate estates often take longer because:

• Court oversight is heavier

• More documentation is required

• Disputes are more common

This is normal and not a failure.

Common Mistakes to Avoid

• Assuming next of kin can act immediately

• Dividing assets informally

• Paying debts before authority is granted

• Ignoring state-specific rules

Bottom Line

No will does not mean chaos, but it does mean more court involvement.

Rule of thumb: No will = court decides who acts and who inherits.

Even without a will, Good Grief can help organize next steps and paperwork.