Legal Questions
If someone dies without a will, state law determines what happens next. Here are the most common questions answered plainly.
When someone dies without a will, they are said to have died "intestate." State law then determines who inherits their property. Generally, assets pass to the closest living relatives — spouse first, then children, then parents, then siblings — according to your state's intestacy laws.
Not always. Some assets pass directly to beneficiaries regardless of a will — like life insurance with named beneficiaries, joint bank accounts, or property held in a trust. If most assets are structured this way, probate may be minimal or unnecessary.
It depends. Simple estates with few assets, no real estate, and no family disputes can sometimes be handled without an attorney. However, an estate attorney is usually helpful when real estate is involved, there are outstanding debts, family members disagree, minor children are heirs, or the estate is large or complicated.
Without a will naming an executor, a court appoints an administrator — usually the closest next of kin. This person is responsible for gathering assets, paying debts, filing final taxes, and distributing what remains according to state law.
Bank accounts with a named beneficiary (POD — Payable on Death) transfer directly without probate. Joint accounts pass to the surviving account holder. Accounts with no beneficiary or co-owner typically go through probate.
The estate pays the debts — not family members personally (unless they co-signed). If the estate doesn't have enough assets to cover all debts, some debts may go unpaid. Creditors generally cannot collect from heirs directly.