When a person dies without a valid will, their estate undergoes a legal process called intestate probate. This court-supervised procedure determines how the deceased’s assets will be distributed according to state law, rather than their personal wishes. Here’s a detailed breakdown of what happens during intestate probate and why it matters. Read more about probate
What Is Intestate Probate?
Intestate probate is the legal mechanism used to settle an estate when someone dies intestate (without a will). Since there’s no executor named, a court-appointed administrator (often a close relative) manages the estate. The administrator’s responsibilities include:
- Identifying and valuing assets.
- Paying debts, taxes, and funeral expenses.
- Distributing remaining assets to heirs under state law.
Who Inherits Under Intestate Succession?
Each state has its own intestacy laws, but most follow a hierarchy prioritizing spouses, children, and closest blood relatives. Common scenarios include:
- Surviving Spouse and Children:
- The spouse typically receives a portion (e.g., 50% in some states), with the remainder split among children.
- No Spouse, Only Children:
- Assets are divided equally among children.
- No Spouse or Children:
- Assets pass to parents, siblings, or extended family (grandchildren, nieces, nephews).
- No Heirs:
- If no relatives are found, the estate “escheats” to the state.
The Intestate Probate Process: Step-by-Step
- Petition the Court:
A relative or interested party files a petition to open probate. The court appoints an administrator. - Notify Heirs and Creditors:
Heirs are formally notified, and creditors are given time (often 3–6 months) to submit claims. - Inventory and Appraise Assets:
The administrator compiles a list of all assets (property, bank accounts, investments) and gets them professionally appraised. - Settle Debts and Taxes:
Outstanding debts, funeral costs, and taxes are paid from the estate’s funds. - Distribute Remaining Assets:
After debts are cleared, the court approves the distribution plan per state intestacy laws.
Challenges and Delays in Intestate Probate
- Family Disputes: Conflicts may arise over asset division, especially in blended families.
- Locating Heirs: Tracking down distant relatives can delay the process.
- Complex Assets: Property in multiple states or businesses may require additional legal steps.
- Court Backlogs: Probate can take months or even years to resolve, depending on the estate’s complexity.
Why Avoiding Intestate Probate Matters
Dying without a will means:
- No Control Over Asset Distribution: The state decides who inherits, which may exclude close friends or charities.
- Higher Costs: Probate fees, legal expenses, and court costs reduce the estate’s value.
- Delays for Heirs: Beneficiaries may wait months to receive inheritances.
Steps to Take if a Loved One Dies Intestate
- Consult a Probate Attorney: They’ll guide you through state-specific laws and paperwork.
- Gather Documents: Collect death certificates, financial records, and property titles.
- Identify Heirs: Work with the court to locate eligible relatives.
- Communicate Openly: Transparency with family members can prevent disputes.
Protect Your Legacy: Create a Will
Avoid the uncertainties of intestate probate by drafting a valid will. Even a simple will lets you:
- Choose beneficiaries and guardians for minor children.
- Name an executor to streamline the process.
- Minimize family stress and legal hurdles.
