What to Do When a Parent Dies Without a Will
What happens when there’s no will: intestate succession, who inherits, and how to be appointed administrator.
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Dying without a will is called dying ‘intestate,’ and it’s very common. It doesn’t mean chaos — it means the state’s succession laws decide who inherits, in a set order.
Step by step
- 1Understand intestate succession. Each state has a default order of inheritance — typically spouse and children first. This determines who receives what.
- 2Identify who can administer the estate. With no named executor, a close relative usually petitions the court to be appointed ‘administrator.’
- 3Petition the probate court. File to be appointed administrator so you have legal authority to act, then proceed much like any estate.
Common questions
Who inherits when there’s no will?
State law decides, usually starting with the spouse and children, then parents, siblings, and other relatives. The exact shares vary by state.
Who handles the estate with no will?
Someone — often a spouse or adult child — asks the probate court to appoint them administrator. The court issues documents giving them authority.
Related guides
This is general information, not legal advice. Laws and thresholds vary by state and change over time — verify specifics with the official sources above or a licensed professional.