What Does a Family Do After an Intestate Death?

May 13, 2026

Simply put, when a loved dies “intestate,” it means that there is no estate plan—no will, or trust—that formally (and legally) lays out the intentions of the deceased related to their assets. Dying intestate also usually means that no representative, such as an executor or trustee, has been formally designated to bring closure to the affairs of the deceased. Instead, when there is an intestate death, a family must follow local probate court protocols, which usually begin with presentation of the death certificate. Courts then appoint an administrator, typically a close relative, to proceed with settling the debts of the deceased, prior to distributing assets, in accordance with the laws of intestate succession.

Intestate Succession Explained

Attorneys at Orson & Fenninger explain that “If you die before you create a will or other plans for your assets, the state considers you died intestate,” so assets must be distributed in accordance with state intestacy laws:

The law of intestacy follows the common distribution method. Most people will leave their assets to immediate family, so the law does this as well. It begins with your spouse and children. They receive your assets first. But if you do not have a spouse and children, then the next of kin order becomes valid. It will go to your closest surviving relatives, such as your parents, siblings, nieces and nephews….

If you die without a will it can greatly complicate things for those left behind. For example, if you have a significant other but you never married that person, then he or she has no rights under the law of intestacy because there is no legal relationship. So, your partner may end up with nothing even though your intentions may have been to leave that person everything.

All states have intestacy laws, which vary somewhat, but are based on the Uniform Probate Code. Although there is nothing inherently wrong with intestacy laws, they cannot of course take the specific family circumstances or the intentions of the deceased into account. Unfortunately, disappointments and conflicts can emerge when someone dies intestate, in part because modern, blended family arrangements are typically not recognized by intestate succession law, which dates back to the mid twentieth century. Findlaw offers this summation of intestate asset distribution:

Under the Code, close relatives inherit before distant relatives. The classes of relatives whose members receive property under the Code include the following:

your surviving spouse,
your descendants (children, grandchildren, etc.)
your parents
the descendants of your parents (siblings, nieces, and nephews)
your grandparents
the descendants of your grandparents (aunts, uncles, and cousins).

The Code treats adopted descendants the same as biological descendants. Under this structure, if no relative exists, the property then “escheats” (goes by default) to the state.

Administrator Responsibilities: Debts First

When someone dies without a will, the probate court designates an adult next of kin, such as a spouse, child or sibling, to take responsibility for closing out the affairs of the deceased. This person is typically referred to as an administrator. Once appointed by the court, the administrator is a fiduciary, and therefore legally obligated to adhere to state laws. For example, administrators must follow probate protocols to ensure creditors of the deceased are notified, and debts properly paid off before remaining assets can be distributed to next of kin, following the sequence laid out in intestate succession laws. In many families, a home whether fully or partially paid off, is the primary asset at death, and becomes a big responsibility for the administrator, who will likely need to arrange for appraisal and sale, with the proceeds paying off the mortgage and taxes before any money can be distributed to heirs.

Given their legally binding responsibilities, administrators are typically required to post a type of court bond, known as an administrator bond. As attorney Daniel Antonelli explains, an administrator bond serves as a financial guarantee: “Bonds protect estate beneficiaries and creditors from the negligent and intentional acts of fiduciaries that cause harm to the estate.” The bond amount and specific bond terms for administrators are usually set in court by the judge or a court clerk.The amount of the bond is determined based on the circumstances of the estate, and the value of the assets being protected, as well as the probate protocols of the state.

Administrator bonds are legally binding, three-party contracts. The Surety guarantees to the Obligee (the Court on behalf of beneficiaries and creditors) that the Principal (the administrator obtaining the bond) will comply with all applicable laws and standards. If the Principal causes financial harm by failing in their duties, the Surety compensates the injured parties, up to the bond’s value.

Colonial Surety Company makes it easy to secure administrator bonds and other types of bonds, such as personal representative, surrogate, probate and estate bonds, that meet the exact, state-specific requirements of courts in every state and U.S. territory. As a national, direct, and digital writer, Colonial Surety Company makes obtaining administrator, estate, fiduciary, probate, and personal representative bonds quick and easy:

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