When someone dies without a will, state succession law determines who inherits, and the probate court supervises the entire administration process. This guide covers key points for families and administrators to be aware of, including: which assets are subject to state succession law, how the heir hierarchy works, how an administrator is appointed, how probate unfolds, how to track the deadlines that run throughout, and more.
Key Takeaways
- Intestate means dying without a will; state succession law then controls who inherits, in a fixed order.
- Intestate administration often surfaces unknown accounts and assets across financial institutions, real property, and state registries.
- Probate assets are subject to intestate succession—property owned solely in the decedent's name with no named beneficiary. Life insurance with a named beneficiary, retirement accounts with designations, jointly held accounts, and payable-on-death accounts all pass outside of court entirely.
- The heir hierarchy follows a consistent pattern across states: surviving spouse first, then children, then parents and siblings, then more distant relatives.
- Elayne's Verified Asset Search runs across financial accounts, real property, unclaimed state property, and life insurance policies, and the shared dashboard tracks creditor notice periods, court inventory filing windows, and inherited retirement account distribution deadlines under SECURE Act 2.0.
What Intestate Means
Intestate means dying without a valid will. State law steps in automatically. Each state has an intestate succession statute that sets a fixed heir hierarchy. The court follows that list, in order. Also, the exact shares heirs receive vary depending on where the decedent lived or owned property. When an estate includes real property in multiple states, each state's intestate law applies to the property located within its borders, which can require separate probate proceedings in each state.
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Which Assets Are Covered by Intestate Succession
Intestate succession governs probate assets: property owned solely in the decedent's name with no named beneficiary. This includes individually held bank accounts, real estate titled in one person's name, personal property, and investment accounts without a designated heir.
Non-probate assets pass outside of court entirely. Examples include:
- Life insurance policies with a named beneficiary
- Retirement accounts (IRAs, 401(k)s) with beneficiary designations
- Jointly owned property with right of survivorship
- Payable-on-death and transfer-on-death accounts
- Assets held in a trust
Some assets in an intestate estate can transfer within weeks through direct beneficiary claims, while others get tied up in court for a year or more. That split between probate and non-probate property shapes how administration unfolds.
How Intestate Succession Laws Determine Who Inherits
Each state writes its own intestate succession statute, but the heir hierarchy follows a recognizable pattern nearly everywhere. The surviving spouse comes first, then children, then parents and siblings, then more distant relatives like grandparents, aunts, uncles, and cousins. Courts work down the list until they find living heirs.
A few common scenarios show how this plays out:
- Surviving spouse with children: the estate is typically split between the spouse and children, though exact shares vary by state
- No surviving spouse, children present: children inherit in equal shares
- No surviving spouse, no children: parents inherit first; if parents are deceased, siblings inherit
- No surviving relatives: the estate escheats to the state
The Intestate Probate Process
Intestate probate follows the same general court process as testate probate, with an added layer: because no will names an executor or confirms heirs, the court fills those gaps through its own procedures.
Key stages of the process:
- A family member or creditor files a petition for administration with the probate court, along with the death certificate and supporting documents
- The court appoints an administrator who is typically the surviving spouse or an adult child, since no will names an executor
- If heirs are unclear or disputed, the court may hold a separate heirship determination proceeding to confirm who inherits under state law
- The administrator inventories and values all probate assets as of the date of death
- Creditors are notified through a statutory Notice to Creditors process and given a set window to file claims
- Valid debts, taxes, and estate expenses are paid from estate funds
- Whatever remains is distributed to heirs according to the state's intestate succession statute
Each stage is court-supervised and documented. The administrator cannot distribute assets to heirs until creditor claims have been resolved and the court approves the final accounting.
Who Is Appointed to Administer the Estate Without a Will
State law governs who the court appoints when no will names an executor. Most states follow a priority list: surviving spouse first, then adult children, then other heirs in succession. Any eligible person can petition the court for the role, including creditors in some states when no family member steps forward.
The court's appointment document is called Letters of Administration, the intestate equivalent of Letters Testamentary. Both grant authority to act on behalf of the estate, but Letters of Administration are issued only when no will exists. Banks, brokerages, and government agencies require them before releasing estate assets or information.
Once appointed, the administrator carries the same fiduciary duties as a named executor: act in the estate's best interest, treat all heirs impartially, keep estate funds separate from personal funds, and document every decision.
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How Elayne Supports Families and Administrators Settling Intestate Estates
Elayne's Verified Asset Search™ runs across financial accounts, real property, unclaimed state property, and life insurance policies. The shared dashboard provides co-administrators, family members, and attorneys with an organized view of the settlement process.
Deadline tracking covers the creditor notice period, court inventory filing windows, and SECURE Act 2.0 RMD obligations for inherited retirement accounts. Elayne also manages cancellation communications with providers and confirms charges have stopped.
Elayne has supported 1,000+ families and attorneys through estate settlement, covering what can amount to hundreds of hours of administrative work per matter. The service is an eligible, reimbursable estate expense billed per matter. To see how Elayne can help with an intestate administration, learn more about our work and mission here.
FAQ
How does estate settlement work without a will?
When someone dies intestate, each state's succession laws step in to determine who inherits probate assets: those owned solely in the decedent's name with no named beneficiary. A family member, creditor, or other interested party petitions the probate court for administration, the court appoints an administrator, and the estate moves through creditor notification, asset inventory, debt payment, and distribution to heirs in the order the state statute specifies.
What is the practical difference between probate and non-probate assets for a family settling an intestate estate?
Non-probate assets (life insurance with a named beneficiary, retirement accounts with designations, jointly held accounts, and payable-on-death accounts) transfer outside of court entirely and can often close within weeks by presenting a death certificate. Probate assets, those owned solely in the decedent's name with no beneficiary attached, require court supervision and can take a year or more to distribute.
How do I forward mail for a deceased parent, and how long should I keep doing it during estate administration?
A legally authorized representative, such as a court-appointed administrator, can submit USPS PS Form 3575 at the post office to redirect the deceased's mail, with the standard forwarding window running 12 months. Mail forwarded through the creditor claim period often surfaces accounts, recurring charges, and creditors the administrator had no other way to locate.
What tools should I use to track deadlines when settling an intestate estate?
Intestate administration can span one to two years on average, with deadlines triggered by different events: court filing windows from the date of death, creditor claim periods from the date Notice to Creditors is published, tax deadlines from the calendar year, and SECURE Act 2.0 RMD requirements for inherited retirement accounts. To help manage the process of tracking deadlines, a dedicated estate administration platform with built-in deadline tracking is one option to consider.
What are the best services for finding unclaimed money and assets after a parent dies in 2026?
A thorough search may combine state unclaimed property registries, the NAIC life insurance policy locator, credit bureau trade-line pulls, and document analysis of tax returns and bank statements to surface accounts. Elayne's Verified Asset Search runs across financial accounts, real property, unclaimed state property, and life insurance policies and uses document analysis to surface asset clues from records families already hold.
Can an administrator be removed or replaced after being appointed?
Yes. A probate court can remove an administrator who fails to meet fiduciary obligations—for example, by commingling estate funds with personal funds, failing to notify creditors, or neglecting court filing deadlines. Any interested party, such as an heir or creditor, may petition the court to seek removal. The court then determines whether grounds for removal exist under state law and, if so, appoints a successor administrator.
What happens to jointly owned property in an intestate estate?
Property owned jointly with right of survivorship passes directly to the surviving co-owner by operation of law, outside of probate entirely. It is not subject to intestate succession and is not distributed according to the state's heir hierarchy. By contrast, property held as tenants in common—where each owner holds a divisible share—does pass through the decedent's estate and is distributed under the intestate succession statute.
*Disclaimer: This article is for informational purposes only and does not provide legal, medical, financial, or tax advice. Please consult with a licensed professional to address your specific situation.
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