A Family Member Passed Away Without a Will — What Do I Do?

By Ashley Nef • 01/28/2026

Losing a loved one is never easy, and the situation can feel even more overwhelming when you discover they didn’t leave behind a will. While this can add uncertainty to an already emotional time, understanding the steps to take can help you move forward with clarity and confidence. Here’s a simple guide to what happens next and how to navigate the process.

1. Make Sure the Immediate Needs Are Handled

Before turning to legal and financial matters, take care of the essentials:

Notify close family members and friends
Secure the home, pets, and personal belongings
Locate important documents (ID, insurance, financial records)

These steps help ensure everything remains protected during the transition.

2. Confirm That There Is No Will

Sometimes a will exists but isn’t immediately accessible. Check common places where important documents may be stored:

A home safe or filing cabinet
A safe deposit box
With an attorney or financial advisor
With a trusted relative

If you're unsure, you may also check with the local probate court or ask family members.

3. Understand That State Law Will Decide What Happens Next

When someone dies without a will, they are considered to have died “intestate.” This means the state’s intestacy laws determine who inherits their assets. Typically, this follows a legal order of priority—spouses, children, parents, siblings, and so on. Every state is different, so the specific outcome depends on where the person lived.

4. Start the Probate Process

You’ll need to open a probate case with the court in the county where the person lived. A judge will appoint an administrator—often a close family member—to handle the estate. Their responsibilities may include:

Gathering and valuing assets
Paying debts and taxes
Distributing what remains to the legal heirs

If you aren’t sure how to begin, a probate attorney can guide you through the required filings and deadlines.

5. Avoid Moving or Distributing Property Too Quickly

Even if you know what your loved one “would have wanted,” wait for legal direction before distributing belongings or closing accounts. Acting too soon can create complications—or even legal problems—during probate.

6. Prepare for Possible Delays

When there is no will, things may take longer, especially if:

There are multiple heirs
Family members disagree about property
Assets are difficult to locate or transfer

Remaining patient and organized can help reduce stress throughout the process.

7. Consider Your Own Estate Plan

Going through this experience often highlights how important planning truly is. Creating or updating your own will can help ensure your wishes are clear and that your loved ones won’t face the same challenges in the future.