Key Takeaways
- When no will exists, state intestacy law determines who inherits and who may serve as administrator.
- Courts must formally appoint an administrator before most estate actions can occur.
- Intestate estates are often slower, more rigid, and more prone to conflict than estates with a valid will.
- Legal guidance is strongly recommended, and Elayne can help organize and track the process alongside your attorney.
{{blog-cta-checklist-small}}
When someone dies without a will, they are said to have died intestate. This doesn’t mean their estate disappears or that family members can simply decide what happens. Instead, state law steps in and dictates both who is in charge and who inherits, often in ways that surprise families.
Handling an intestate estate requires court involvement, careful documentation, and close attention to state-specific rules. Understanding the process early helps prevent delays, disputes, and personal liability for the person stepping into the administrator role.
What Intestacy Means
Intestacy means there is no legally valid will governing the distribution of the estate. This may happen because:
- No will was ever created
- The original will cannot be found
- A document exists but is legally invalid (unsigned, improperly witnessed, or outdated under state law)
When intestacy applies:
- The court, not the family, controls who administers the estate
- Assets are distributed according to statutory formulas, not personal wishes
Even if family members agree informally, the court must still follow the law.
What You’ll Need
Before starting the intestacy process, gather:
- A certified death certificate
- Proof of relationship to the deceased (marriage certificate, birth certificates, adoption records)
- A Petition for Letters of Administration (court form)
- Filing fees, which vary by county and state
- Names and contact details for likely heirs (spouse, children, parents, siblings, etc.)
- Probate attorney assistance, which is strongly recommended for intestate cases
Intestate estates are legally more complex than estates with a will, even when the family situation seems straightforward.
Step 1: Confirm That No Will Exists
Before proceeding as an intestate estate, you must make a reasonable, documented effort to confirm that no valid will exists.
Search thoroughly in places such as:
- Safe deposit boxes
- Home safes or fireproof lockboxes
- Filing cabinets, desks, and home offices
- With the deceased’s attorney, accountant, or financial advisor
- Personal papers, email accounts, and cloud storage
Document where you searched and who you contacted. If a will surfaces later, it can override intestacy and change who has authority and who inherits.
Step 2: Understand Who the Law Prioritizes
When no will exists, state law establishes:
- Who has priority to serve as administrator.
- Who inherits the estate and in what proportions.
While rules vary by state, common patterns include:
- A surviving spouse often has first priority
- Adult children are usually next in line
- Parents, siblings, or more distant relatives may inherit if there is no spouse or children
These rules can produce outcomes that feel unfair or unexpected, especially in blended families or long-term partnerships without marriage.
Step 3: Petition the Court to Be Appointed Administrator
To move forward, someone must ask the court to appoint them as administrator of the estate.
This typically involves:
- Consulting a probate attorney to confirm eligibility and strategy
- Filing a Petition for Letters of Administration in the probate court where the deceased lived
- Providing proof of relationship and death
- Paying the required filing fee
The court will:
- Apply intestacy law to determine who has priority
- Notify interested heirs
- Schedule a hearing if required
If multiple relatives want to serve, or object to someone else, the court may require consent agreements or make the decision itself.
Step 4: Receive Letters of Administration
Once appointed, the court issues Letters of Administration. These documents are critical, they are your legal proof of authority.
You’ll need certified copies to:
- Access bank and investment accounts
- Deal with insurance companies and pension administrators
- Transfer or sell property
- Manage debts and expenses
Order 5–10 certified copies to avoid delays later.
What an Administrator Can and Can’t Do
As administrator, you become a fiduciary with legal duties.
You can:
- Collect and safeguard estate assets
- Pay legitimate debts and expenses
- File required tax returns
- Distribute assets according to intestacy law
You cannot:
- Distribute assets according to personal preference
- Ignore statutory heir shares
- Act before court appointment
- Favor one heir over another
Failing to follow these rules can result in personal liability.
How Assets Are Distributed Under Intestacy
Distribution follows rigid formulas set by state law. Examples include:
- A surviving spouse sharing assets with children
- Children inheriting equally, regardless of age or need
- Distant relatives inheriting if no close family exists
Non-probate assets such as life insurance with beneficiaries or jointly owned property may still pass outside intestacy, but the rest of the estate is governed strictly by statute.
Common Challenges in Intestate Estates
Intestate estates often involve more complications, including:
- Disputes over who should serve as administrator
- Family members shocked by inheritance outcomes
- Slower timelines due to hearings and objections
- Frozen assets while authority is pending
- Higher legal costs due to complexity
These issues are common even in families that otherwise get along.
Why Attorney Support Is Essential
Because intestacy removes personal discretion, mistakes can be costly. A probate attorney helps:
- Interpret state-specific intestacy rules
- Prepare and file correct petitions
- Manage disputes among heirs
- Protect the administrator from liability
Trying to navigate intestacy without legal support often leads to delays or errors.
How Elayne Helps With Intestate Estates
Elayne does not replace the court or your attorney, but it can significantly reduce the burden.
Elayne can help:
- Organize and store court documents
- Track their information and notices
- Coordinate filings with your attorney
- Maintain a clear task timeline
- Keep records of administrator actions
This support is especially valuable when emotions are high and timelines are long.
When Intestacy Applies Alongside Other Planning
It’s common for estates to be partially intestate, meaning:
- Some assets pass by beneficiary designation
- Others fall under intestacy
Elayne can help track which assets follow which rules so nothing is overlooked.
Conclusion
Handling an estate without a will is more complex, more rigid, and often more emotionally difficult than probate with a valid will. State law, not personal wishes, controls who is in charge and who inherits.
By confirming no will exists, petitioning the court properly, and working with an attorney, administrators can move forward responsibly and protect themselves from liability.
If you’d rather not navigate intestacy alone, Elayne can coordinate filings with your attorney, track court requirements, and keep you organized through every stage of the process.
{{blog-cta-checklist-large}}
FAQs
Q: What if a will is found after probate starts?
The court may pause or restart the process depending on state law and the document’s validity.
Q: Can family members agree to divide assets differently?
Generally no, unless allowed by court-approved agreements.
Q: Does intestacy apply to all assets?
No. Assets with named beneficiaries or held in trust often bypass intestacy.
Q: Is intestacy always more expensive?
Often yes, due to added complexity and disputes but outcomes vary.
**Disclaimer: This article is for informational purposes only and does not provide legal advice. Intestacy laws vary by state, and individual family situations matter. Consult a licensed probate attorney for guidance specific to your circumstances.
