What to Do When Someone Dies Without a Will: A Family Guide

When someone dies without a will, families are often hit with a difficult realization: the deceased's wishes, whatever they may have been, no longer control what happens. Instead, the state steps in with its own set of rules.

This situation, called dying "intestate," is more common than you'd think. Roughly two out of three American adults don't have a will. If you're a family member trying to figure out what to do next, this guide walks you through exactly what happens, who inherits, who takes charge, and the steps you'll need to take.

What Does "Dying Without a Will" Mean?

When a person dies without a valid will, they've died intestate. There's no document naming an executor, no instructions for who should inherit, and no guidance on how the estate should be divided.

In the absence of a will, each state has a default plan, called intestate succession laws, that determines exactly who inherits and in what proportions. The court appoints someone to manage the estate (an "administrator" rather than an "executor"), and that person distributes assets strictly according to the state's formula, regardless of what the deceased might have actually wanted.

The estate still goes through probate. In fact, intestate estates almost always require probate, because there's no other mechanism to transfer the deceased's solely-owned assets. What is probate? A plain-English guide

Who Inherits When There's No Will?

This is the question families most want answered. The exact rules vary by state, but intestate succession laws generally follow a predictable hierarchy based on family relationships. Here's the typical order.

If There's a Surviving Spouse

Spouse and no children: The spouse usually inherits everything.

Spouse and children together: This is where it gets complicated and varies most by state. Common arrangements include:

• The spouse inherits everything (if all children are also the spouse's children, in some states)
• The spouse inherits one-half or one-third, and the children split the remainder
• The spouse inherits a set dollar amount plus a percentage, with children sharing the rest

Spouse and the deceased's parents (no children): Some states give everything to the spouse; others split it between the spouse and the deceased's parents.

If There's No Surviving Spouse

The estate typically passes in this order:

1. Children (equally; if a child has died, their share usually passes to that child's children)
2. Parents of the deceased
3. Siblings (and their descendants — nieces and nephews)
4. Grandparents
5. Aunts, uncles, and cousins
6. The state (if no living relatives can be found — called "escheat")

What Intestacy Laws Don't Account For

This is the part that surprises and upsets families most. Intestate succession follows blood and legal relationships only. It does not recognize:

• Unmarried partners — a long-term partner who wasn't legally married inherits nothing under intestacy, regardless of how long they were together
• Stepchildren — unless legally adopted, stepchildren typically don't inherit
• Close friends or caregivers — no matter how close the relationship
• Charities or causes the deceased cared about
• Specific wishes — "Mom always said she wanted Sarah to have the house" carries no legal weight without a will

This is exactly why dying without a will so often leads to outcomes the deceased never would have chosen, and why it can cause lasting family conflict.

Who Becomes Executor If There Is No Will?

Without a will, no executor is named, so the probate court appoints an administrator to do essentially the same job. States follow a priority order for who can serve:

1. Surviving spouse or domestic partner
2. Adult children
3. Parents of the deceased
4. Siblings
5. Other close relatives
6. A creditor or court-appointed professional (as a last resort)

If you're the highest-priority person and willing to serve, the court will generally appoint you. If multiple people at the same level want the role, for example, several adult children, the court decides, sometimes appointing co-administrators or a neutral third party.

Who Becomes Executor If There Is No Will in Florida?

Florida is one of the most-searched states on this question, and its rules are specific. Florida law gives priority to the surviving spouse, then to the person selected by a majority of the heirs, then to the heir nearest in degree of relationship. Florida also requires the personal representative (the state's term for executor/administrator) to be either a Florida resident or a close relative of the deceased, so an out-of-state friend or distant relative generally cannot serve, even if the family wants them to.

How to become executor of an estate without a will (full guide)

Can an Administrator Decide Who Gets What Without a Will?

No, and this is an important point that confuses many families. The person appointed to manage an intestate estate has no discretion over who inherits. They cannot decide to give more to one sibling because that sibling was the primary caregiver. They cannot honor "what Mom would have wanted." They cannot include a stepchild or a partner the law doesn't recognize.

The administrator's job is purely to follow the state's intestacy formula exactly. Their role is administrative, not decision-making: identify the assets, pay the debts, calculate the legally mandated shares, and distribute accordingly. Deviating from the statutory formula, even with good intentions or family agreement, exposes the administrator to personal liability.

(One narrow exception: if all legal heirs are adults and unanimously agree, they can sometimes choose to redistribute their inherited shares among themselves after receiving them. But that's the heirs voluntarily redistributing their own property, not the administrator deciding.)

How Is an Estate Settled Without a Will? Step by Step

The process closely mirrors standard probate, with intestacy law filling the role the will would have played.

Step 1: Someone Petitions to Be Administrator

A family member (usually highest on the priority list) files a petition with the probate court in the county where the deceased lived, asking to be appointed administrator.

Step 2: The Court Appoints an Administrator

The court holds a hearing and, if no one objects, appoints the administrator and issues Letters of Administration, the legal authority to manage the estate. A surety bond is usually required for intestate estates.

Step 3: Identify and Notify Heirs

The administrator must identify everyone who inherits under state intestacy law and notify them, along with known creditors. This can require genealogical research if the family situation is complex.

Step 4: Inventory and Value the Estate

The administrator catalogs all assets, arranges appraisals, and files an inventory with the court, typically within 60–90 days.

Step 5: Pay Debts and Taxes

After the creditor claim period (usually 4–6 months), the administrator pays valid debts and handles the deceased's final tax return and any estate taxes.

Step 6: Distribute According to State Law

The administrator calculates each heir's legally mandated share and distributes the remaining assets accordingly, not based on anyone's wishes, but on the statutory formula. How long does probate take?

Step 7: Final Accounting and Closing

The administrator files a final accounting with the court and, once approved, is formally discharged. The estate is closed.

Executor of estate checklist: every step you need

Special Situations Families Should Know About

The house is only in the deceased's name. If a spouse or family member was living in a home titled solely to the deceased, intestacy law, not their residence, determines who inherits it. This can create painful situations where a surviving partner has no legal claim to the home they shared. What happens to a house when the owner dies?

Minor children inherit. If children under 18 inherit, the court typically requires their share to be held in a guardianship or conservatorship until they reach adulthood, adding court oversight and cost.

Blended families. Intestacy laws often produce harsh results for blended families. A second spouse and children from a first marriage may end up in direct conflict over shares, with no will to clarify the deceased's intent.

Unmarried partners. A surviving partner who wasn't legally married has no inheritance rights under intestacy. Assets that weren't jointly owned or that didn't name the partner as a beneficiary pass to the deceased's blood relatives instead.

Assets that bypass intestacy entirely. Not everything is subject to intestate succession. Jointly owned property, accounts with named beneficiaries, life insurance, and retirement accounts pass directly to the co-owner or beneficiary regardless of intestacy law. What assets go through probate?

What This Means for Families Right Now

If you're dealing with this situation today, here's the practical path forward:

Don't distribute or sell anything yet. Until an administrator is officially appointed, no one has authority to handle the deceased's solely-owned assets. Acting prematurely can create legal problems.

Decide who will petition to be administrator. Have an honest family conversation about who is best positioned and willing to take on the role. Agreeing in advance prevents the court from having to choose between competing family members.

Gather documents. Even without a will, you'll need death certificates, financial statements, property records, and a picture of the deceased's debts and assets.

Expect the process to take longer. Intestate estates often take longer than estates with a clear will, typically 12–24 months, due to heir identification, the bond requirement, and the potential for family disagreement.

Communicate openly. Without a will to point to, family tensions tend to run higher. The intestacy formula isn't anyone's choice, it's the law, and framing it that way can defuse conflict. Keeping everyone informed about the process reduces the suspicion and resentment that so often surface when there's no will.

This last point is where many families struggle most. Percorso gives the administrator a private dashboard to track every step, store documents, and keep all heirs informed with shared updates, which is especially valuable in intestate cases, where transparency is the best defense against the disputes that no-will situations so often produce.

Frequently Asked Questions

The Bottom Line

When someone dies without a will, the state's intestacy laws, not the deceased's wishes, control who inherits and who manages the estate. The process is similar to standard probate, but with less flexibility, more potential for family conflict, and outcomes that often don't reflect what the deceased would have wanted.

If you're the family member stepping up to administer an intestate estate, the most important things you can do are follow the legal process carefully, keep meticulous records, and communicate openly with everyone who has a stake. Percorso gives you a private dashboard to manage milestones, organize documents, and keep all heirs informed throughout, turning a situation defined by uncertainty into a process you can actually manage.