When There Is No Will 101
No will does not mean no plan.
In short
No will does not mean no plan. It means the state's default plan applies. The law sets who inherits and in what order, spouse and children first nearly everywhere. It is slower and less flexible, but thousands of families walk this path every month, and it ends.
What happens
Someone, usually the closest willing relative, petitions to be administrator.
The court appoints them and issues letters of administration.
From there it proceeds like probate: inventory, creditors, taxes, distribution. The difference is that state intestate succession rules decide who receives what.
The typical order, which varies by state
Spouse, often everything or shared with children; children equally; then parents; then siblings; outward from there.
What the default plan misses
Unmarried partners. Stepchildren never adopted. Close friends. Chosen family.
The law does not see them, regardless of what your person would have wanted.
If that is your situation, our support guide Grief Without Recognition exists because the law's blindness hurts twice.
Watch-outs
- Small estate shortcuts apply here too; check the threshold before assuming full probate.
- Family settlement agreements can sometimes adjust outcomes, with everyone's consent and counsel's help.
- Children's shares may need a court appointed guardian of the estate; plan early.
Related
- Small Estates 101
- Letters of administration
Every situation is different from the last.
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