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What happens when an adult dies without a will?

On Behalf of | Feb 5, 2025 | Probate

Procrastination is part of human nature. People put off necessary responsibilities, especially if they view them as unpleasant. Estate planning is a responsibility that many people find easy to defer. They don’t like thinking about what might happen when they die, so they tell themselves they need to wait until they reach certain milestones to establish an estate plan.

Unfortunately, a significant portion of those people may eventually die without a will or any other estate planning documents in place. Their loved ones may be left in a very difficult position as they attempt to navigate the probate process. Without a will, people may be uncertain about what happens to the property that belongs to the deceased individual. Thankfully, there are clear statutes in place controlling the decedent’s property when someone dies intestate or without a will.

Who inherits from an intestate estate?

During a state administration, the personal representative managing the estate must prioritize fulfilling the responsibilities of the deceased individual. They pay taxes, cover probate costs and settle debts before they distribute what remains to beneficiaries or heirs.

If the deceased person passed without a will, then their heirs inherit from the estate because they did not name beneficiaries. Their heirs are typically their closest family members. Generally, only those with legal or biological ties to the deceased person can inherit from an intestate estate.

State law offers robust protections to surviving spouses. Under community property statutes, spouses automatically inherit some of the resources that belong to their spouse and a portion of the property that they owned jointly with their spouse. Depending on whether or not there are any surviving children of the decedent, the spouse may have to share property with those surviving children.

In some cases, the parents of the decedent can also inherit from their estate. In scenarios where an individual dies without a surviving spouse, children or parents, then their siblings or other family members can potentially inherit their property.

Ensuring compliance with intestate succession rules can make estate administration a bit more challenging than it might otherwise be. Personal representatives who cannot locate a will may need help ensuring that they fully comply with state statutes during estate administration, and that’s okay.