No Will? Understanding Intestate Succession Rights
When a loved one passes away without a valid Will, they are said to have died intestate. In these cases, intestate succession laws determine how assets are distributed based on a strict legal hierarchy, typically prioritizing the surviving spouse and children, followed by parents and siblings. Because the court must verify all legal heirs without a written roadmap, intestate probate is often longer, more expensive, and more prone to family disputes. If you are a rightful heir waiting for an intestate estate to settle, you don’t have to wait for the court’s final decree. An inheritance advance provides immediate cash based on your legal share of the estate, bypassing the administrative delays common in no-Will cases.
The General Order of Inheritance (Intestate):
- Spouse & Children: Usually share the estate based on specific state/provincial percentages.
- Parents: Inherit if the deceased had no surviving spouse or descendants.
- Siblings: Inherit if there are no surviving parents, spouse, or children.
- Escheat to State: Only occurs if no living relatives (even distant ones) can be found.
Dying without a Will is one of the most common causes of legal friction for modern families. Without a Last Will and Testament to guide the process, the local probate court must rely on “default” laws to decide who gets what. This process, known as intestate succession, is designed to be fair, but it rarely accounts for the nuances of personal relationships.
The Hierarchy of Heirs
Every jurisdiction has a specific “family tree” hierarchy it follows when there is no Will. The surviving spouse is usually first in line, but they may have to share the estate with the deceased’s children. If the deceased was single and childless, the assets move “up” the tree to parents, then “out” to siblings. While this ensures the money stays in the family, it can lead to unintended beneficiaries—such as an estranged relative receiving a windfall while a lifelong partner receives nothing because they weren’t legally married.
The Challenges of No-Will Probate
Probate without a Will is often more complex for several reasons:
- Identifying Heirs: The court may require extensive genealogical research or “heirship affidavits” to confirm who is legally entitled to inherit.
- Bond Requirements: Judges often require the estate administrator to post a fiduciary bond (insurance) since there was no Will to waive that requirement.
- Higher Legal Fees: The lack of clear instructions often leads to more court hearings and higher bills from the estate attorney.
Your Rights as a Legal Heir
If you are an heir under intestate law, you have the same fundamental rights as a named beneficiary. You are entitled to regular updates on the estate’s value and can challenge an administrator if you believe they are mishandling assets. However, because these cases move slower than Wills, many heirs find themselves in a “cash-poor” position while waiting for the court to authorize a distribution.
A Financial Bridge for Intestate Heirs
At InheritNOW, we specialize in helping heirs of intestate estates. We understand that the lack of a Will isn’t your fault, yet you’re the one dealing with the 18-month wait. Our inheritance advances allow you to access your legal share of the estate immediately. We evaluate the estate’s assets and provide a portion of your inheritance upfront, so you can handle life’s expenses while the probate court works through the heirship paperwork.
Frequently Asked Questions
Intestate is the legal term for dying without a valid Last Will and Testament. The estate then enters the “intestate succession” process governed by state or provincial law.
In most states, a domestic partner or common-law spouse only inherits if the jurisdiction specifically recognizes those unions. Without a Will, a partner who wasn’t legally married may be left with no inheritance rights at all.
Yes. As long as the estate is in probate and you are a legal heir according to intestate law, InheritNOW can provide an advance on your expected distribution.