When someone dies without leaving a valid will—either because they had no will at all or the one they had cannot be enforced—the situation is called intestate. In those cases, the legal framework for deciding who inherits is already spelled out by each state’s intestacy laws, rather than by the wishes of the person who died. Understanding how this system works can prevent confusion and disputes among heirs, especially during an emotional time. Below is an overview of intestate estates, why they can be more complex, and some options for those waiting on an inheritance.
Who Manages an Intestate Estate
Whether or not the deceased created a will, most estates end up in probate, the court-supervised process for gathering the person’s property, settling debts, and distributing what remains. If someone left a valid will, a court typically confirms the person named in that will to serve as the executor. However, if there is no valid will, the court appoints an administrator to fill a similar role. This administrator might be a spouse or other close family member, but if relatives can’t be found or no one is able to serve, a judge can select another suitable person.
Once appointed, the administrator assumes certain responsibilities. They have to track down the decedent’s assets, list them for the probate court, notify potential heirs and creditors, deal with claims, and eventually distribute what remains after any debts are paid off. Not having a will means more court oversight in deciding who receives a share of the estate.
Why Intestate Estates Can Be More Complex
Estates without wills tend to generate additional paperwork and a greater chance of disagreements among relatives. Some of the reasons include:
- Difficulty Locating Heirs: A will often identifies beneficiaries by name. Without it, the administrator must identify and possibly track down family members following the state’s legal hierarchy.
- More Forms and Filing Fees: Courts might require multiple petitions or notices to confirm who qualifies as a legitimate heir under intestate laws.
- Higher Admin Costs: Administrators facing complicated tasks (like searching for missing relatives or confirming family ties) might seek extra compensation from the estate.
- Surety Bonds: Probate judges may ask administrators for a bond to protect the estate against potential mismanagement.
- Increased Likelihood of Disputes: When no clear instructions exist, relatives may clash over what they believe is fair, causing delays and possibly adding legal fees.
Taken together, these aspects typically make intestate estates more time-intensive and more expensive to settle.
How Assets Are Distributed Without a Will
If an individual leaves no valid will, the state’s intestate succession laws control who inherits. Although specifics vary among states, the general pattern is:
- Spouse: A surviving spouse usually receives a certain portion or all of what the couple owned, depending on whether there are also children or if community property rules apply.
- Children: They often inherit if there’s no spouse, or they might share the estate with a spouse. Each child typically gets an equal share.
- Parents: If the deceased wasn’t married and had no children, parents can inherit the estate.
- Siblings: When there’s no spouse, children, or surviving parents, siblings could receive the property.
- Extended Relatives: If no immediate family members survive, more distant kin might inherit.
- Escheatment: As a last resort, if no relatives can be found, the estate reverts to state ownership.
Children born outside marriage, adopted kids, and stepchildren sometimes create added questions. Probate laws also spell out whether people who were legally separated or in a domestic partnership might qualify for inheritance. Each state has unique approaches, so it can be wise to consult an attorney if any of these circumstances apply.
Non-Probate Assets
Even if someone dies intestate, not all their belongings pass through probate or follow intestate succession rules. Non-probate assets automatically transfer ownership to a surviving co-owner or named beneficiary. Typical examples include:
- Joint Accounts: Bank or property ownership that includes rights of survivorship passes directly to the co-owner.
- Living Trust Property: Anything placed in a trust during someone’s life is handled by the trustee, bypassing probate.
- Insurance and Retirement Funds: Life insurance and retirement plans with a named beneficiary typically go straight to that individual upon the original owner’s death.
- Payable-on-Death or Transfer-on-Death: Deeds or accounts labeled “TOD” or “POD” also skip probate, transferring title automatically.
Navigating Intestate Probate: Key Steps
When there’s no will, the estate generally goes through these phases, overseen by the administrator:
- Notify Beneficiaries and Creditors: Families, potential heirs, and any known creditors learn that probate is underway, giving creditors a period (often a few months) to file claims.
- Identify and Secure Assets: The administrator locates bank statements, insurance policies, real estate deeds, or personal valuables. Some property may need professional appraisals to confirm value.
- Settle Debts: Any valid claims—like medical bills, credit card balances, or taxes—are paid from the estate’s funds. If there isn’t enough money, selling certain assets may be necessary.
- Distribute the Estate: Whatever remains goes to heirs per intestate succession laws. The administrator may have to file final paperwork with the court to get approval.
- Close the Estate: After all tasks are finished, the administrator asks the court to end probate, releasing any leftover inheritance to beneficiaries.
How Long Intestate Probate Can Take
Even estates with a valid will often need months or longer to wrap up. An intestate estate might add extra steps—like verifying each heir’s rights or dealing with more potential legal wrangling among relatives. It’s not uncommon for such estates to remain in probate for a year or more, leaving heirs waiting to receive their shares.
Looking for Funds Before Probate Ends?
If you or another heir face urgent expenses, Rockpoint Probate Funding can provide a fast, risk-free cash advance on your inheritance in many areas. Eligible heirs often receive part of their estate proceeds in as little as one day—no monthly payments or credit checks. Then, the money advanced is repaid from your eventual share once probate is done. For more details, call (888) 263-8588. By exploring an inheritance advance, you might avoid tapping high-interest credit cards or personal loans just to stay afloat during a lengthy intestate probate process.
Intestate cases require added steps due to the lack of a valid will. Still, states design intestacy laws to ensure someone inherits. While it can be more time-consuming, understanding the basics can help you and your relatives navigate the situation. If waiting months or longer is financially challenging, an inheritance advance might provide relief, letting you handle expenses while the legal system continues its work.
