Guide
When There Is No Will: What Happens to Everything
Dying intestate, explained in plain English: who inherits, who is in charge, and what the family should do first.
No will does not mean the state takes everything
When someone dies without a will (intestate), state law provides a default inheritance order: usually spouse first, then children, then parents, then siblings. The state only keeps property in the rare case that no relatives can be found at all.
Some things skip the will entirely
Life insurance, retirement accounts, and payable-on-death bank accounts go straight to the named beneficiary, will or no will. Jointly owned homes and accounts with survivorship pass to the co-owner. Check beneficiary designations before assuming anything must go through court.
Who is in charge
A probate court appoints an administrator, usually the closest relative who applies. Until then, nobody has legal authority to sell property or empty accounts. Freezing everything in place, changing locks, and keeping receipts protects whoever ends up administering the estate.
Power of attorney ends at death
This surprises almost every family: a power of attorney, even a durable one, stops working the moment the person dies. If you were handling a parent's affairs under a POA, that authority is over, and using the POA after death (to move money, for example) can create real legal trouble.
If there is a will, the executor named in it takes over once the court confirms them. If there is no will, the closest relative can ask the court to be appointed administrator, or use the small estate process below. Funeral decisions never needed the POA at all: they belong to the next of kin in your state's legal order, usually spouse, then adult children, then parents, then siblings.
If nobody ever had a POA, nothing is lost. After a death, the POA would have been worthless anyway, and the next-of-kin rules carry the family forward.
Small estates are usually simple
Every state has a simplified path for small estates, often via a short affidavit instead of full probate, with limits commonly between $50,000 and $200,000 in probate assets. If the estate is modest, you may never need a lawyer. Free legal aid programs and many county courts have self-help desks for exactly this.
Questions families ask
Straight answers
Who pays for the funeral when there is no will?
Funeral costs are a priority claim against the estate, so whoever pays can usually be reimbursed from estate assets before most other debts. If there are no assets, see our indigent burial guide.
Do stepchildren inherit without a will?
In most states, stepchildren who were never legally adopted do not inherit under intestacy rules. Adopted children inherit exactly like biological children.
How long does probate take without a will?
Simple estates often close in 6 to 12 months. Small estate affidavits can transfer property in weeks. Disputes and real estate sales stretch timelines.
Sources
Verified against official sources
Reviewed by the Final Steps Help research team.
Last verified via cited sources below.
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