Intestacy Guide: When There Is No Will
Dying intestate means passing away without a valid will. In these cases, the deceased’s assets are distributed according to state laws of succession, which prioritize the closest living relatives. Instead of an executor, the court appoints an administrator to manage the estate, pay debts, and oversee the probate process. Intestate probate is often more time-consuming and prone to disputes than estates with a will. Many heirs in this situation utilize an inheritance advance to manage immediate financial needs while the court determines the legal distribution of assets.
Order of Succession Basics:
- Spouse and Children: Usually the first to inherit, often sharing the estate.
- Parents and Siblings: Inherit if there is no surviving spouse or direct descendants.
- Administrator’s Role: Responsible for inventorying assets and settling creditor claims without a written roadmap.
- Legal Delays: Expect a longer timeline (12-24 months) to verify heirship.
Losing a loved one is always a complex emotional journey, but it becomes a significant legal challenge when they die “intestate”—meaning they passed away without a valid will. Without a written roadmap, the legal system follows a strict set of rules that may not align with what your loved one intended.
Asset Distribution by State Law
When there is no will, you lose the ability to choose who inherits your property. Instead, state laws dictate the outcome, usually prioritizing the surviving spouse and children. This can cause significant tension in blended families or for long-term partners who were not legally married and therefore have no standing under default intestacy laws.
The Role of the Court-Appointed Administrator
Since no executor was named in a will, the probate court must appoint an administrator. This person takes on the fiduciary duty of inventorying assets, notifying creditors, and paying off debts. If multiple family members want this role, it can lead to a lengthy and expensive legal battle before the estate even begins the settlement process.
Why Intestate Probate Takes Longer
Intestate cases generally take much longer than cases with a will because the court must legally verify every potential heir. This “heirship” phase can add months of research and court hearings. If you are an heir waiting for an intestate estate to settle, an inheritance advance provides a way to access your legal share today while the court works through the administrative complexities.
Frequently Asked Questions
The estate enters the intestate probate process. Assets are distributed to the closest living relatives based on the laws of the state where the deceased lived.
The court usually appoints a spouse, adult child, or another close relative. If no one is willing or able to serve, the court may appoint a professional administrator.
Yes. As long as you are a confirmed legal heir under state law, InheritNOW can provide an advance on your expected distribution while the probate case is open.