When someone dies without a will

What “no will” actually means

Dying without a will is called dying intestate. It does not mean the estate is lost or that the state simply takes everything. It means your state’s intestacy laws — not a written wish — decide who inherits, usually following the closest family: spouse, then children, then parents and siblings.

Who is in charge

With no named executor, the probate court appoints an administrator — most often the surviving spouse or an adult child — to settle the estate. That person gathers assets, pays debts and taxes, and distributes what remains according to the intestacy rules.

The practical first steps

The immediate steps are the same as any death; work through the checklist for those. For the estate itself: secure the property and important documents, order certified death certificates, and find out whether the estate must go through probate. Many estates do, but small or jointly held ones sometimes qualify for a simpler process. A short call to a probate attorney can tell you which path applies.

This is general information, not legal advice. Intestacy and probate rules vary by state, and a local probate attorney can tell you exactly how they apply to your situation.