No Will Probate: Navigating Intestate Succession

When a person dies without a valid will, they are said to have died “intestate.” In these cases, the distribution of the deceased’s estate is governed by state intestacy laws, a process often referred to as “no will probate” or intestate succession. These laws establish a predetermined order of inheritance, typically prioritizing close family members such as spouses, children, parents, and siblings. The exact order and proportions of distribution can vary significantly depending on the state and the deceased’s family structure.

The no will probate process can be more complex and time-consuming than probate with a will. It often requires additional steps to identify and locate potential heirs, and may involve court hearings to determine rightful beneficiaries. This process can lead to unintended consequences, as the state’s distribution plan may not align with what the deceased would have wanted. Additionally, intestate succession can result in higher court costs, longer delays in asset distribution, and potential conflicts among family members who disagree with the state-mandated distribution.

Without a will to name an executor, the court must appoint an administrator to manage the estate. This person, often a family member or trusted individual, is responsible for inventorying assets, paying debts and taxes, and distributing the remaining assets according to state law. The administrator’s duties are similar to those of an executor named in a will, but they have less flexibility and must strictly adhere to intestacy laws.