How to Settle an Estate Without a Will: Complete Process

Settling an estate without a will follows the same basic sequence as any probate case, with extra steps layered on because no one was named to handle things. The court appoints you. The state decides who inherits. And you're responsible for everything in between.

Here's the complete process from start to finish.

Step 1: Confirm There's No Will

Before assuming intestacy, search thoroughly. Check the deceased's home office, safe deposit boxes, filing cabinets, and any attorney they used. Contact the local bar association's will registry if your state has one. Request a search from the national will registry (Certainty in the UK, for example).

If a will surfaces later — even after probate has started — it can override the intestacy proceeding if the court admits it. A thorough search now prevents that disruption.

Step 2: Determine Who Has Priority to Serve

State law sets who may petition to be administrator, and the priority order differs by jurisdiction. If someone else has equal or higher priority, you may need their written renunciation or consent before applying.

If multiple people at the same priority want to serve, the court decides — or appoints co-administrators. Family consensus at this stage prevents months of litigation later.

Step 3: File the Petition

At the probate court in the county where the deceased lived, file a petition for Letters of Administration. Include the death certificate, affidavit of next of kin identifying all potential heirs, and the filing fee.

The court schedules a hearing, typically 2 to 4 weeks out. Some states require you to notify all potential heirs of the hearing date so they can appear and object.

Step 4: Get Bonded and Appointed

At the hearing, if no one objects, the court may approve your appointment and set a surety bond amount. If a bond is required, purchase it from a licensed surety company, file it with the court, and receive your Letters of Administration.

These Letters are your license to act. Without them, you have no legal authority. Keep certified copies — you'll need to present them at every bank, insurance company, and government agency you deal with.

Step 5: Secure and Inventory Assets

Immediately after appointment:

• Redirect the deceased's mail to your address
• Notify banks and financial institutions (accounts are frozen; you'll get access through the estate process)
• Secure real property — change locks, maintain insurance
• Inventory every asset: bank accounts, investment accounts, retirement accounts, real property, vehicles, life insurance, personal property of value

File the formal inventory with the court within the deadline (usually 90 days from appointment). Get appraisals for real estate, valuable personal property, and any assets without a clear market value.

Step 6: Handle Creditors

Publish the notice to creditors as local rules require and send direct notice to creditors when required. The general U.S. research range for a publication-based claim period is 3 to 4 months; follow the controlling state deadline before distribution.

Review each claim and pay valid claims in the priority order set by the applicable state law. Do not assume the same order applies in every jurisdiction.

Step 7: File Tax Returns

File the deceased's final individual income tax return (Form 1040), if required. A domestic estate generally must file Form 1041 if it has gross income of $600 or more during the tax year.

Request the estate's EIN from the IRS. All income and expenses flow through the estate tax ID, not the deceased's Social Security number.

Step 8: Distribute and Close

After debts are paid and taxes filed, distribute the remaining assets according to your state's intestacy formula. Get a signed receipt from each heir acknowledging what they received.

File the final accounting with the court. Once approved, petition for discharge as administrator and release of your surety bond.

Start to finish, expect 9 to 18 months for a cooperative, single-state estate. Add time for real property sales, disputes, or multi-state assets.

The Intestacy Survival Guide walks through each step with worksheets, templates, and checklists — built specifically for the intestate process that generic probate guides skip over.