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.