Probate can be complicated, and the process becomes even more complex when a person passes away without leaving a will. This situation is legally referred to as dying “intestate.” When there is no will, the court must step in to decide how the estate is managed and who inherits the property. Understanding how intestate probate works can help families prepare for the steps ahead and avoid confusion during an already emotional time.

Court-Appointed Administrator

If there is no will, the court appoints an administrator (sometimes called a personal representative) to handle the estate. This person is responsible for gathering assets, paying debts, and distributing property according to state law. Family members can request to serve as the administrator, but the court makes the final decision.

Distribution According to State Law

Without a will, the deceased person’s wishes cannot guide the process. Instead, state intestacy laws determine who inherits. In most cases, assets are distributed to a spouse, children, or closest relatives in a set order. For example, if there is a surviving spouse and children, the estate may be divided between them. If there are no close relatives, more distant family members may inherit.

Longer and More Complicated Process

Probate without a will often takes more time because the court must carefully identify heirs, appoint an administrator, and verify the estate’s assets. Disputes among family members can also arise, which may delay the process further. This is why many families choose to work with an attorney and an experienced probate real estate professional to reduce stress and confusion.

Real estate is often the largest asset in an estate. If there is no will, the court must approve how the property will be handled. This can include selling the home to divide proceeds among heirs or transferring ownership to eligible family members. A probate real estate specialist can help market the property, secure buyers, and guide families through court requirements while protecting the home’s value.

Probate without a will can feel overwhelming, but you do not have to face it alone. At The Highland Company, we specialize in guiding families through probate real estate with care, knowledge, and professionalism. Whether you are preparing to sell a property or simply need advice, we are here to support you every step of the way.

Call us today at delaney@thehighlandcompanyre.com to discuss your situation and find the right path forward.