When someone dies "intestate" they are dying without a will. This complicates the estate administration process as an executor will be required to complete additional steps to be authorized by the courts as an approved fiduciary. It is estimated that only 42 percent of U.S. adults have a valid will, leaving many families in the dark about final wishes and financial assets. While rules may vary on this topic by jurisdiction, it is common that the executor will face a longer probate & estate administration process.
in•tes•tate | The term intestate comes from the Latin root intestatus: meaning 'not' + testatus meaning 'testify, witness'
What you need to know
Dying intestate will create legal headaches for the deceased individual's family and lengthen the overall estate settlement process. Because there is not a will document that names an executor or administrator, the court often chooses an executor to preside over the administration of the estate. This can mean that someone who would not typically have been chosen by the decedent will end up serving as administrator over the estate.
Because there is no will document to direct the distribution of personal property and real estate, the court-appointed executor will ultimately determine which relative receives the wealth. This eliminates the power that the decedent would have had during his or her lifetime to pick and choose which heirs would receive assets.
A probate guide written for people who aren’t lawyers
Probate is notoriously confusing. Small estate affidavits, formal vs. simple administration, executors & executrixes— there’s more than enough jargon to make your head spin. We get it, and that’s why we made a probate guide that actually tells you what you need to know without assuming anything. You’ll walk away with a tangible timeline, actionable next steps and real clarity on what probate actually means for you and your family.
Susan, a widow, passes away when she is eighty years old. She did not write a will before her death and passes away intestate, so the local superior court chooses Susan's only daughter to serve as the executor of the estate. Although Susan's daughter had a good relationship with her mother, she is not sure how Susan would have chosen to distribute the assets. The daughter doesn't feel qualified to make distribution decisions, and she struggles to decide exactly what to do. This creates tension and resentment between Susan's daughter and other relatives, leading to a lengthy estate settlement process.
In collaboration with
Aaron Schnoor
Aaron Schnoor is an Assistant Vice President and Trust Officer at Wells Fargo Wealth Management.
Aaron received his undergraduate degree in Trust and Wealth Management from Campbell University in North Carolina, along with a minor in Financial Planning. Aaron continued his education with an MBA in Financial Services, also from Campbell University.
Aaron frequently writes as an industry expert on fiduciary topics related to trusts, estate settlement and generational wealth management. His work has appeared in The New York Times, Forbes, the Trust Education Foundation and many other publications.
In collaboration with
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