{"id":1519,"date":"2023-02-10T01:30:57","date_gmt":"2023-02-10T01:30:57","guid":{"rendered":"https:\/\/law-oh.com\/?p=1519"},"modified":"2023-02-27T17:37:23","modified_gmt":"2023-02-27T17:37:23","slug":"what-to-expect-during-the-probate-process-without-a-will-3","status":"publish","type":"post","link":"https:\/\/law-oh.com\/what-to-expect-during-the-probate-process-without-a-will-3\/","title":{"rendered":"What to Expect During the Probate Process Without a Will"},"content":{"rendered":"

When your loved one dies without a will, known as intestate, what happens? According to your state\u2019s intestacy laws, a probate court will oversee the distribution process of the decedent\u2019s property. Also known as intestate succession, it has similarities to the probate process when a will is present. Still, the terms are not interchangeable\u2014any adult who dies intestate triggers a somewhat different process than a will going through probate.<\/p>\n

Do You Have a Will?<\/h1>\n

Many Americans will face the challenges of their loved one dying without a will. According to Think Advisor, a recent survey<\/a> finds that 59 percent of men and 72 percent of women do not have a will or estate plan<\/a>. In another survey, CNBC<\/a> finds a mere 33 percent of Americans have properly established estate plans. Many individuals feel they do not own enough to necessitate writing a will or negatively perceive estate planning as too complex and expensive. They leave their grieving loved ones to accept the court\u2019s decisions regarding their loved one\u2019s inheritable assets and possessions.<\/p>\n

Resolving the Estate<\/h1>\n

The probate court judge\u2019s primary duty is to oversee the lawful resolution of the decedent\u2019s financial affairs. They will follow state law to select a personal representative as the estate administrator. There is technically no executor as no will was left to execute, yet the estate still must be legally resolved. A loved one can begin the intestacy process by going to the decedent\u2019s county probate court, filing a death certificate, and petitioning to begin probate. They will typically nominate themselves as the administrator, but the probate court judge has the authority to name the estate administrator.<\/p>\n

Assets Falling Outside of Probate and the Role of Administrator<\/h1>\n

Like dying with a will, dying intestate does not affect jointly held accounts and those assets with a designated beneficiary or payable-upon-death status. These may include money market, savings and checking accounts, IRAs, retirement accounts, certificates of deposit (CD), life insurance, and annuity policies. The estate administrator, as appointed by the probate court judge, will perform the functions as required by state law, including:<\/p>\n