Probate Without a Will

Intestate Succession (When There’s No Will)

Intestate succession refers to the legal process that determines how a deceased person’s estate is distributed when they die without a valid will. Governed by state laws, intestate succession ensures that the decedent’s property passes to their closest relatives according to a predetermined hierarchy. While these laws provide a framework for asset distribution, they may not reflect the deceased person’s wishes, underscoring the importance of estate planning.

Intestate succession prioritizes the deceased’s immediate family. Typically, a surviving spouse and children are the primary beneficiaries. If the decedent is married, the spouse may inherit the entire estate or share it with the children. If there are no children or spouse, the estate generally passes to other relatives, such as parents, siblings, or extended family members, in descending order of kinship. In rare cases where no relatives can be located, the estate escheats to the state.

Intestate succession does not account for non-traditional relationships or specific preferences. For example, close friends, unmarried partners, or charities the deceased supported cannot inherit under intestate laws unless explicitly named in a valid will. This can lead to disputes among surviving family members and unintended exclusions of significant individuals from the estate.

The process of distributing assets under intestate succession can also be time-consuming and costly. Probate courts oversee the administration of the estate, appointing an administrator to settle debts and allocate property. Without clear directives, disputes and delays often arise.

To avoid the uncertainties of intestate succession, individuals are encouraged to create a will that clearly outlines their wishes. A well-drafted estate plan provides peace of mind, reduces legal complications, and ensures that assets are distributed according to the deceased’s intentions rather than default state laws.