Navigating intestate succession: what happens when a loved one dies without a will?

Intestate succession occurs when someone passes away without leaving a valid will, forcing their estate through a complex legal process that many families find overwhelming during an already difficult time. When a loved one dies intestate, state law steps in to determine who inherits their property, often with results that surprise and disappoint family members who believed they understood the deceased’s wishes.

The emotional weight of losing someone you love becomes exponentially heavier when combined with legal uncertainty, family disagreements, and a probate system that can stretch for months or even years. Unlike estates with clear testamentary documents, intestate estates leave families navigating a rigid framework where verbal promises mean nothing and assumptions about inheritance carry no legal weight. This guide walks you through the standard process for handling an intestate estate, prepares you for potential complications, and ultimately demonstrates why creating a will is one of the most important gifts you can give your family.

Understanding intestate succession: the state’s default plan

When someone dies without a will, they haven’t actually left their family without a plan—they’ve simply accepted whatever plan their state legislature has created. Each state’s probate code contains detailed intestate succession laws that function as a one-size-fits-all will, dictating precisely who inherits and in what proportions. These laws represent the legislature’s best guess about what most people would want, but they’re inflexible and often don’t match the deceased’s actual relationships or values.

The most critical thing to understand is that intestate succession is entirely about legal relationships, not emotional ones. The law doesn’t care who was closest to the deceased, who provided care during their final years, or what the deceased told people they wanted. If it’s not documented in a valid will, those wishes evaporate. Family members who heard “I want you to have the house” or “you’ll be taken care of” discover those promises have no legal standing when the estate enters probate court.

The standard order of inheritance

Most states follow a similar hierarchy for intestate distribution, though specifics vary by jurisdiction. The typical succession ladder places the surviving spouse at the top, often receiving either the entire estate or a substantial portion depending on whether children exist. Children generally share equally in whatever portion isn’t allocated to the spouse, and if there’s no spouse, they inherit everything. When no spouse or children survive, the estate moves up a generation to the deceased’s parents, then sideways to siblings, and continues outward through increasingly distant relatives until someone qualifies as an heir.

In practical terms, a married person with two children who dies intestate in many states would see their spouse receive one-half of the estate and the children splitting the other half equally. This mathematical division happens regardless of the children’s ages, financial situations, or relationships with the surviving parent. The law treats a financially independent forty-year-old child identically to a struggling twenty-year-old or a three-year-old who still needs parenting, distributing assets by formula rather than need.

Who is often left out

The rigid structure of intestate succession laws creates painful exclusions that shock many families. Unmarried partners, regardless of how long they’ve shared a life together, receive nothing under intestacy statutes in most states. A couple who lived together for twenty years, purchased property jointly, and considered themselves committed partners will see the deceased partner’s separate property flow to blood relatives or a legally separated but not divorced spouse rather than to their actual life partner.

Stepchildren who weren’t legally adopted have no inheritance rights under intestate laws, even when the deceased raised them from infancy and considered them true children. Close friends who provided companionship and care, favorite charities that aligned with the deceased’s values, and extended family members who maintained close relationships all stand outside the legal circle of heirs. The family’s understanding of who “deserved” to inherit or who the deceased would have wanted to benefit has zero legal relevance in intestate proceedings.

The probate process for an intestate estate

Administering an intestate estate almost always requires formal probate court supervision, as the court must validate heirship and ensure proper distribution according to state law. This process typically involves more oversight and takes longer than probate for an estate with a will, because the court cannot rely on a testator’s clear instructions about who should manage the estate or receive property.

Step 1: initiating the process and appointing an administrator

Someone must file a petition with the probate court to open the intestate estate, usually a close family member who expects to inherit. This petition asks the court to officially recognize the death, declare that no will exists, and appoint an administrator to manage the estate. The terminology matters here: unlike an executor who is named in a will, an administrator is selected by the court according to statutory priority lists that typically favor spouses, then adult children, then other close relatives.

The court won’t simply rubber-stamp any volunteer. The proposed administrator must demonstrate their relationship to the deceased, confirm their legal eligibility, and often post a bond—essentially an insurance policy that protects the estate from mismanagement. This bond requirement creates an additional expense and hurdle that estates with wills often avoid. Once appointed, the administrator receives letters of administration that grant legal authority to access accounts, sell property, and act on behalf of the estate, but they serve as a fiduciary with strict legal duties to all heirs.

Step 2: the administrator’s key responsibilities

The administrator of an intestate estate shoulders substantial responsibilities that must be executed in precise order. First comes the detective work of locating all assets, from obvious bank accounts and real estate to hidden valuables, digital assets, and potential claims the deceased had against others. This asset inventory must be detailed and filed with the court, creating a public record of the estate’s value.

Next, the administrator must notify all potential creditors through published notices and direct contact where creditors are known, giving them a window to file claims. Valid debts and taxes receive priority over any distribution to heirs, meaning the administrator must carefully evaluate each claim, pay legitimate ones, and defend against questionable demands. Only after this creditor period closes and all debts are satisfied can the administrator distribute remaining assets to the statutory heirs according to state law. Throughout this process, the administrator must maintain careful records, file regular accountings with the court, and often wait for court approval before taking major actions.

How long does it take?

Families struggling with an intestate estate should prepare for a lengthy process that typically extends well beyond a year. Even straightforward cases require months to complete the mandatory waiting periods for creditor claims, obtain court approvals, and finalize asset distributions. Complex estates with multiple heirs, substantial debts, or disputed property can stretch probate proceedings for two, three, or more years.

The lack of a will directly contributes to these delays. When an executor follows clear testamentary instructions, they can move more confidently and sometimes use simplified procedures. An administrator handling an intestate succession must frequently return to court for guidance, wait for rulings on contested matters, and navigate challenges to heirship that wouldn’t exist if the deceased had simply named their intended beneficiaries in a will.

Common challenges and disputes in intestate cases

The intestate probate process creates natural friction points where family conflicts ignite, often with devastating emotional and financial consequences. Understanding these common flashpoints helps families recognize warning signs and take proactive steps to minimize damage.

Heirship disputes

Questions about who legally qualifies as an heir plague many intestate estates, particularly in families with complicated relationships. Unknown children may emerge with credible claims to a share of the estate, forcing existing heirs to share with half-siblings they never knew existed. Paternity disputes require DNA testing and court proceedings to resolve. Relatives appear claiming relationship to the deceased, submitting genealogical evidence that must be evaluated and sometimes litigated.

These heirship battles aren’t just about money—they tear open family secrets and create lasting rifts between relatives who must continue relationships after the estate settles. A simple will would have eliminated this entire category of conflict by clearly naming beneficiaries, but intestate succession forces the court to investigate and rule on family relationships that may have been ambiguous or hidden for decades.

Conflicts over real estate

The family home consistently emerges as the most contentious asset in intestate estates. One heir may be living in the property and desperate to keep it, while others see it as their inheritance that should be liquidated and distributed. Adult children may have wildly different emotional attachments to their childhood home, with some viewing it as precious family history and others seeing it as just another asset to convert to cash.

Intestate succession laws typically make all heirs equal co-owners of real property, meaning no single person can force a particular outcome without court intervention. This often leads to partition actions where the court orders the property sold if heirs cannot agree, resulting in forced sales at potentially disadvantageous prices and bitter feelings between siblings who once shared that home.

Managing debts and creditors

Administrators face serious personal liability risks when handling intestate estate debts incorrectly. If they distribute assets to heirs before ensuring all valid creditor claims are paid, they can be held personally responsible for those debts. This creates a delicate balancing act where the administrator must thoroughly investigate potential debts, properly notice creditors, and resist pressure from impatient heirs who want immediate distributions.

The challenge intensifies when estate assets fall short of covering all debts. State laws specify priority orders for debt payment, and administrators must follow these hierarchies precisely. Mistakes in creditor management represent one of the most common sources of litigation against administrators, and these legal battles drain estate resources that could have gone to heirs.

Critical mistakes to avoid

Whether you’re an heir waiting for an intestate distribution or someone appointed as administrator, certain mistakes can derail the process or create lasting legal problems. Distributing assets before the creditor period expires and all debts are satisfied ranks as the most dangerous error, exposing the administrator to personal liability that can exceed their own inheritance. Failing to open probate promptly allows assets to remain frozen, bills to go unpaid, and property to deteriorate while family members argue about who should take charge.

Choosing an unprepared administrator sets the entire process up for failure. The grieving spouse or eldest child may seem like the natural choice, but if they lack financial sophistication, organizational skills, or emotional capacity to handle complex legal responsibilities during a difficult time, the estate suffers. Failing to maintain proper records and documentation creates nightmares when the court requires accountings or heirs question the administrator’s handling of assets. Small record-keeping failures early in the process snowball into major credibility problems that invite litigation.

The case for proactive planning: moving beyond intestacy

After understanding the intestate succession process, most people reach an obvious conclusion: creating a will represents a profound act of love and responsibility toward your family. The rigid, public, and often lengthy intestate proceedings stand in stark contrast to the control, clarity, and efficiency provided by even a basic estate plan.

A will lets you decide who inherits your property rather than accepting the state’s one-size-fits-all formula. You can provide for your unmarried partner, reward stepchildren who enriched your life, support causes you believe in, and distribute assets according to need rather than mathematical formulas. You choose your executor—someone you trust who possesses the right skills—rather than forcing the court to work through statutory priority lists. Your executor can often work more efficiently with clearer authority and potentially avoid bonding requirements that drain estate resources.

Perhaps most importantly, a will dramatically reduces the potential for family conflict. When your intentions are clearly documented, disputes over heirship or property distribution largely disappear. Your family can focus on grieving and healing rather than battling in probate court. The relatively small investment of time and money to create proper estate planning documents prevents tremendous emotional and financial costs for the people you love most.

Dying intestate doesn’t just complicate the legal process—it potentially undermines your actual wishes, excludes people you care about, and forces your family through an adversarial system that can fracture relationships permanently. Taking the simple step of creating a will ensures your voice is heard even after you’re gone, protecting your loved ones from a process nobody should have to navigate during their time of grief.