Losing a loved one hits hard, and the paperwork that follows can feel like too much. If there is no will, questions about who gets what rise fast, and the family wants clear answers. At Price Law Firm, we have helped over 1,000 Redlands families protect what they’ve worked for and move forward with confidence.
Our goal here is simple: explain how probate works when there is no will, also known as intestate succession. This article is for education only, not legal advice. Your situation is unique, so please consult with an attorney to discuss your next steps.
What is Intestate Succession?
Intestate succession is the legal process that applies when someone dies without a valid will. State law determines the order of inheritance and how assets are distributed. The court follows that order, even if it does not match what the person might have wanted.
Every state has its own rules, but most give priority to a spouse and children, then parents and siblings. Friends and charities are not entitled to inherit under these rules, so they do not inherit without a will. With no written plan, control over your legacy is left to statutory default.
If you are reading this on behalf of a parent, spouse, or sibling, the next step is typically to initiate a probate case with the local court.
Initiating the Probate Process Without a Will
Even without a will, most estates still go through probate. The court supervises the process to ensure that debts are paid and assets are distributed to the rightful heirs. Someone must step up and ask the court to open the case.
Since there is no named executor, the judge appoints an administrator to manage the estate. That person has legal authority to gather property, deal with creditors, and distribute what remains to heirs under the law.
The first weeks feel busy, yet a steady checklist helps. Once an administrator is in place, attention turns to figuring out who inherits.
Determining Heirship and Asset Distribution
A legal priority list sets heirs. The surviving spouse and children take precedence, although the shares can vary depending on state laws and whether the property is community or separate.
If there is no spouse or children, parents are next, then siblings. If none of them are living, more distant relatives may inherit their property. If no relatives can be found, assets can escheat to the state.
Friends, caregivers, and charities are generally not eligible under intestate law. If the decedent wanted to help them, a will or trust was the only reliable path.
The Role of the Administrator
The administrator is a fiduciary, which means they must act in the best interests of the estate and all heirs. The job requires attention to detail, and maintaining accurate records is essential. Courts want to see clean books and timely reports.
Common responsibilities include:
- Identifying and collecting all assets of the deceased.
- Paying outstanding debts, taxes, and estate expenses.
- Distributing the remaining assets according to state intestacy laws.
- Providing an accounting of all transactions to the court and heirs.
If you are serving as administrator, getting advice early often saves time and reduces conflict later.
Potential Complications in Intestate Probate
Probate without a will can take longer than a case with clear written instructions. The court must determine heirship and approve nearly every big step. That can stretch out timelines, especially with larger or disputed estates.
Common issues include:
- Difficulty locating all potential heirs, including estranged family or relatives from prior marriages.
- Disputes about who should serve as administrator or how items should be valued and divided.
- Challenges to the proposed distribution plan, or fights over sentimental property.
These problems are fixable, yet they cost time and money that a basic will or trust would have saved.
Assets That Typically Avoid Probate
Not every asset requires court intervention to transfer. Some property passes by contract or title, even if there is no will on file. The administrator still lists these items, but they are are usuaremoved fromfrom the court case.
- Life insurance policies with named beneficiaries.
- Retirement accounts, such as 401(k)s and IRAs, with designated beneficiaries.
- Property owned in joint tenancy with right of survivorship.
- Assets held in a living trust.
It is helpful to review beneficiary forms and title documents promptly, as these often determine who receives the asset.
| Asset type | Probate usually requires? | How it passes |
| Bank account in decedent’s name only | Yes | By court order to the heirs under the intestate law |
| Joint bank account with survivorship | No | To the surviving co-owner of the account |
| Home titled joint tenancy with survivorship | No | To the surviving joint owner by title |
| Life insurance with a beneficiary named | No | Directly to the listed beneficiary |
| Retirement account with a beneficiary named | No | Directly to the listed beneficiary per plan rules |
| Assets titled to a living trust | No | Under the trust terms, handled by the trustee |
| Vehicle in decedent’s name only | Often | By probate, or by small estate process if available |
This table is a general guide. State rules and title documents can change the result, so a quick review makes a substantial difference.
The Importance of Estate Planning
Writing a will or setting up a trust ensures that your wishes take precedence, not the state’s default list. It also allows you to choose your decision maker and give gifts to friends or charities that would otherwise be skipped under intestacy. Clear plans often shorten the court process and reduce family stress.
Good planning can also reduce taxes where possible and help avoid disagreements over property. If you care who gets the family home, the wedding ring, or the business, put it in writing now.
An estate planning attorney can help you build a plan that fits your goals and your family, without guesswork later.
Safeguard Your Family’s Future: Contact Price Law Firm Today
Price Law Firm supports Redlands families with practical and clear probate and planning. We focus on protecting your assets, easing the court process, and keeping your loved ones informed at each step. If you have questions about an intestate estate or would like to begin planning, please reach out to us today.Feel free to call us at 951-633-7662. You can also visit our website to request a consultation and get quick guidance on your situation. We welcome your questions and are ready to help your family move forward with confidence.
