What Happens When Someone Dies Without a Will

The State Decides Who Gets What

When someone dies without a will, they've died "intestate," and every state has a default formula for dividing the estate. These intestacy laws treat the distribution like a flowchart: surviving spouse first, then children, then parents, then siblings, working outward through the family tree until someone qualifies.

The specifics vary more than most people expect. Under the Uniform Probate Code, a surviving spouse inherits everything if all of the deceased's descendants are also the spouse's descendants and the spouse has no descendants from another relationship. If the deceased had descendants who are not the spouse's descendants, the spouse's share is the first $150,000 plus half the balance. If all the deceased's descendants are also the spouse's descendants but the spouse has other descendants, the spouse's share is the first $225,000 plus half the balance. California, New York, and Texas each run their own formulas with different thresholds.

Unmarried partners inherit nothing under default intestacy laws in nearly every state, regardless of how long they lived together. Stepchildren are also excluded unless they were formally adopted.

How Intestate Probate Actually Works

Without a will naming an executor, someone has to petition the probate court for authority to manage probate assets. The court appoints an "administrator" — usually the surviving spouse or closest relative — and issues Letters of Administration, the legal document that gives that person authority over assets subject to estate administration, such as sole-owner bank accounts and property, and to settle estate debts.

This process runs slower than testate probate for a few reasons. The court usually requires a surety bond (a financial guarantee against mismanagement), though a court-approved waiver may be available under local rules. There's no executor already named, so if multiple family members want the role, the court has to sort out priority. And the administrator must publish a notice to creditors, opening a 3-to-4-month window for claims before distributing a single dollar.

The typical timeline from petition filing to final distribution runs 9 to 18 months, though contested estates or those with real property in multiple states can stretch well beyond that.

What the Administrator Has to Do

The court-appointed administrator carries the same fiduciary duties as an executor named in a will, but with additional requirements:

• Post a surety bond. The bond amount usually equals the estate's personal property value plus one year of anticipated income. Annual premiums come from the estate, though the first payment often comes out of pocket.
• Inventory all assets. File a formal asset inventory with the court within 90 days of appointment in most jurisdictions. This includes bank accounts, real property, vehicles, investments, and personal effects.
• Notify creditors. Publish a notice in a newspaper of general circulation and send written notices to known creditors. Valid claims get paid in statutory priority order before heirs receive anything.
• File tax returns. The decedent's final Form 1040, plus a Form 1041 if the estate has $600 or more in gross income or meets another filing requirement.
• Distribute according to state law. Not according to what the family thinks is fair — according to the intestacy statute.

The Costs Add Up Fast

Intestacy can be more expensive than dying with a will. The often-required surety bond, additional court hearings, and heirship verification process can add fees that a will or court-approved waiver may avoid or simplify.

In California, statutory probate fees run 4% on the first $100,000 of gross estate value, 3% on the next $100,000, and 2% on the next $800,000 — calculated on gross value before subtracting mortgages or debts. Both the administrator and the attorney are entitled to this fee, so a $1 million estate generates $46,000 in combined statutory fees alone. New York uses its own sliding scale: 5% on the first $100,000, stepping down to 2% above $5 million.

Court filing fees range from $45 in small New York estates to over $435 in California, plus county surcharges.

What You Can Do Right Now

If you're the person the family is looking to for answers, the first practical steps are straightforward even if the legal process ahead feels overwhelming:

1. Order 10 to 15 certified death certificates. Many banks, insurers, and government agencies require one; confirm each institution's requirements.
2. Secure the decedent's property. Change locks on the home, check that homeowner's insurance is active, and safeguard important documents.
3. Don't distribute anything. Until the court appoints you and the creditor period closes, distributing assets creates personal liability.
4. Search for a will anyway. Check safe deposit boxes, home files, the decedent's attorney, and the state will registry before assuming intestacy.

The When There's No Will — Intestacy Survival Guide walks through each phase of intestate administration with jurisdiction-specific checklists, communication scripts, and fillable worksheets — from the first 48 hours through final distribution.