What happens if there is no will?

Probate can still happen without a will

A missing will does not eliminate the need to administer the estate. The court process may still be needed to appoint someone, identify heirs, manage assets, address debts, and distribute property under state law.

• The court may appoint an administrator or Personal Representative
• Heirs are usually determined under state intestacy rules
• Estate assets, debts, and documents still need organization
• Accounting and final records may still be required

Heir and beneficiary records become especially important

Without a will, identifying the correct heirs and keeping communication organized can become a major part of administration.

• Track heirs, family relationships, and contact information
• Preserve notes and documents related to heirship questions
• Document communication and distribution status
• Work with legal professionals on state-specific requirements

Administration records still need to be clean

Whether or not there is a will, the estate still needs an organized record of documents, assets, debts, expenses, reimbursements, property activity, distributions, and reports.

• Collect documents and court records
• Track estate accounting and property costs
• Maintain heir and distribution records
• Prepare reports and audit history for review

No-will probate checklist