What Happens in Probate If You Die Without a Will or Trust? Understanding the Process

No one wants to imagine their loved ones facing legal headaches after they’re gone, yet many families are surprised to discover just how complicated things can get if someone dies “intestate”—that is, without a will or trust. As an estate planning law firm, we often counsel clients on what the probate process really entails in these situations. Here’s what you and your family should know.

What Does “Dying Intestate” Mean?

If you die without a will or trust, you are considered to have died intestate. This means the distribution of your assets will be determined by state law, not your personal wishes.

What Is Probate?

Probate is the court-supervised process of managing and distributing a deceased person’s estate. It ensures that debts, taxes, and expenses are paid, and any remaining assets are distributed to heirs. When there’s no will or trust, probate is usually required, and certain steps must be followed.

The Probate Process Without a Will or Trust

1. Petitioning the Court

A family member or interested party must file a petition with the probate court to open an estate. The court will appoint a personal representative (sometimes called an administrator or executor) to manage the process. Without a will, this is typically a close relative, and the priority order is determined by state law.

2. Notification and Inventory

Heirs and creditors must be formally notified. The personal representative must create a detailed inventory and valuation of all assets, including real estate, bank accounts, investments, and personal property.

3. Paying Debts and Taxes

Before anything can be distributed, the estate’s debts, outstanding bills, and taxes must be settled from the deceased’s assets.

4. Asset Distribution According to State Law

With no will or trust, the court distributes the remaining assets according to the state’s intestate succession laws. Generally, this means spouses, children, and possibly other relatives inherit in a set order. Friends, partners, and charities usually receive nothing unless they are legally recognized as heirs.

5. Closing the Estate

Once debts are paid and all distributions are made, the court will formally close the estate.

Drawbacks of Dying Without a Will or Trust

·       Lack of Control: State law—not your wishes—decides who inherits your property.

·       Delays and Expense: Probate without a will can be more time-consuming, costly, and complicated.

·       Family Disputes: When wishes aren’t clear, disputes between relatives can erupt, sometimes leading to litigation.

·       Unintended Heirs: People or causes you cared about may be left out, while distant relatives might inherit by default.

The Importance of Estate Planning

The best way to spare your loved ones the uncertainty and burden of intestate probate is to plan ahead. Creating a will or trust allows you to decide who receives your assets, appoint trusted individuals to manage your estate, and often bypass a lengthy probate process entirely.

Are you ready to protect your family from these complications? Contact our estate planning law firm today—to ensure your legacy is passed on according to your wishes and your loved ones are provided for with peace of mind.

Are you interested in getting a living revocable trust, will or other estate planning items in order?  We’re here to help. Quick turnarounds and no surprises. Remote services available with document signing procedure instructions provided.

Contact Biazzo Law today at (703) 297-5777 or alyssa@biazzolaw.com to schedule a consultation today. www.biazzolaw.com 

** Information in this blog should not be considered legal advice, nor does it form an attorney-client relationship

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