When There’s No Will

What to Do if There's No Will

If a loved one dies without a will or with a will that does not describe how the estate should be handled, she or he has died intestate. The estate includes all of the land, personal property, and assets owned by the individual. Your state’s intestacy law determines what will happen to the estate.

In most states, there is a list of people the land, personal property, and assets should go to in a specified order. Often the surviving spouse or domestic partner is favored, followed by blood relatives—children, parents, and siblings.

The distribution of some assets is not covered by the will. Instead, financial assets often have designated beneficiaries that were set up when the accounts were established. These include:

Life insurance
Bank accounts
Accounts jointly owned
Funds in IRAs, 401 (k) plan, or retirement plans
Any asset such as stocks, real estate, or vehicles with a transfer-on-death deed

To find out who receives these assets, you will have to find the documents that establish joint ownership or designate beneficiaries.

When there is no will, probate court will have to appoint an estate administrator. Again, state law often defines in order of preference the person that should step in to administer the estate, pay off debts and distribute the assets. In some states, the list is specific and includes the surviving spouse or domestic partner, followed by children, parents, siblings, grandchildren, next of kin entitled to inherit under the law, creditors, and any legally competent person. In other states, the law is more general. If you are approved as the administrator of the will, you will get letters of administration or representation, which will give you the authority to settle the business of the person who died.

If there are children and there is no will or surviving parent, the state will appoint a guardian for the children. The courts will try to gather as much information as possible to select a guardian that is in the best interest of the children. A will, however, ensures that children go to the person(s) that their parent(s) select, should they die.

Show Hide Checklist

WHAT YOU CAN DO RIGHT NOW

Information is great. But taking small steps now can lead to big changes.

Today
Get some support. This is an emotionally trying time.
Take care of steps 1 – 4 on the checklist, " Immediate Steps to Take When a Loved One Dies."
You may need to make final arrangements as well - step 5 on the checklist.
Next Week
Get help addressing the outstanding items within the first weeks after death—steps 6 – 10 on the checklist, "Immediate Steps to Take When a Loved One Dies."
As you gather important and financial documents, put them in a secure place. Look for any documentation of joint ownership on accounts or information about beneficiaries.
If your loved one died without a will and you are the logical person to administer the estate, apply for letters of administration or representation at probate court.
During the Next Few Months
Continue to take care of items on the checklist, "Immediate Steps to Take When a Loved One Dies."
Check the person’s credit report to make sure no one has opened accounts using his or her identity.

Print checklist Email checklist