What Happens When Someone Dies Without a Will in Your County?

How Does County Probate Handle Estates Without Wills?

When someone dies without a will (intestate), your county probate court distributes assets according to state intestacy laws—not necessarily how the deceased would have wanted. A court-appointed administrator handles the estate, and distribution follows a statutory hierarchy: typically spouse first, then children, then parents, then siblings. Understanding YOUR state's intestacy rules and county court procedures helps families navigate this process strategically.

Discuss your probate situation: Book a free call at https://askweldonhobbs.com (20+ years coordinating estate transitions with attorneys/CPAs nationwide)

In my 20+ years helping hundreds of families navigate estate transitions nationwide, I've worked as a Certified Financial Coach coordinating with probate attorneys handling intestate estates across multiple jurisdictions. I'm Weldon Hobbs, and I've watched families struggle when state intestacy rules distributed assets differently than the deceased would have chosen. The lack of a will doesn't eliminate probate—it often makes it more complex and emotionally difficult.

Let me share the framework I use to help families approach intestate probate strategically rather than reactively.

Why Does Intestate Probate Create Additional Complexity?

Without a will, several complications arise:

No Named Executor

The county probate court must appoint an administrator—typically a surviving spouse or adult child. If multiple family members want the role, or if no one wants it, court proceedings determine who serves. This process adds time and potential conflict before estate administration even begins [1].

State Law Controls Distribution

Intestacy statutes determine who inherits—not the deceased's wishes. Common surprises include: surviving spouses not receiving everything when children exist, children from previous relationships receiving equal shares, and non-relatives receiving nothing regardless of closeness [2]. Understanding YOUR state's rules prevents false expectations.

Increased Court Supervision

Without will provisions granting independent administration authority, intestate estates often require more court involvement. Each major decision may need court approval, extending timelines and increasing costs.

Higher Bond Requirements

Many county probate courts require administrators to obtain surety bonds protecting the estate from mismanagement. Bond costs reduce estate value, and obtaining bonds can delay proceedings.

How Do Different State Intestacy Laws Affect Distribution?

State intestacy laws vary significantly. Understanding YOUR state's rules helps families prepare for actual distributions.

Example: Wayne County Probate Court (Michigan)

The Wayne County Probate Court in Detroit handles Michigan intestate estates according to state law. Michigan's intestacy rules give surviving spouses the first $150,000 plus half of the remaining estate when the deceased has children who are also the spouse's children. With children from prior relationships, distributions change significantly [3].

Wayne County probate court processes many intestate cases given Detroit's population. One family I worked with expected the surviving spouse to inherit everything—they were surprised to learn children from the deceased's first marriage were entitled to substantial portions under Michigan law.

Example: California Intestacy

California's community property system affects intestacy distributions. Surviving spouses receive all community property but share separate property with children. Understanding which assets were community vs. separate property significantly impacts final distributions [4].

Example: Texas Intestacy

Texas intestacy rules distinguish between community and separate property, with different distribution rules for each. Real estate follows different rules than personal property in some scenarios, creating complexity that surprises many families.

Navigating intestate county probate court proceedings requires both strategic clarity and understanding YOUR state's laws. I've helped hundreds of families through this transition nationwide. Book a free 30-minute Transition Strategy Call to discuss your specific situation—I'll help you apply this framework and connect you with an expert in your market.

What Steps Should Families Take for Intestate Estates?

Strategic approach to intestate probate includes:

1. Research YOUR state's intestacy laws before assuming who inherits. State statutes determine distribution—not family expectations or verbal promises the deceased made.
2. Identify all potential heirs early. Children from previous relationships, estranged family members, and legally recognized relationships all affect distribution. Missing an heir creates legal complications.
3. Determine administrator preference quickly. If multiple family members want to serve, resolve this before filing. Court disputes over administrator appointment add time and cost.
4. Gather comprehensive documentation. Birth certificates, marriage certificates, divorce decrees, and adoption records establish heir relationships. Missing documentation delays proceedings.
5. Consider professional guidance. Intestate estates often benefit from attorney representation given increased complexity and court supervision requirements.

How Does Real Estate Complicate Intestate Succession?

Real property in intestate estates creates unique challenges:

• Multiple heirs may inherit undivided interests in property
• Disagreements about selling vs. retaining property arise frequently
• Court approval typically required for property sales without will authorization
• Title transfer requires proper court documentation
• Properties in multiple counties may require ancillary proceedings

I've seen families where four children inherited equal undivided interests in a home. Two wanted to sell, two wanted to keep it. Without agreement, the property sat in limbo for months while the court resolved the dispute. Strategic family discussions before court proceedings often prevent these situations.

Key Takeaways for Intestate County Probate

• Dying without a will means state law—not the deceased's wishes—controls distribution
• County probate courts appoint administrators and oversee intestate estates
• Intestacy rules vary significantly by state—research YOUR jurisdiction
• Increased court supervision often extends timelines and costs
• Real estate in intestate estates requires careful coordination among heirs

Ready to Apply This to Your Situation?

While this framework gives you the strategic foundation, your specific circumstances deserve personalized guidance. Whether you're navigating intestate county probate court proceedings anywhere across the nation, I'm here to help you think through the complete strategy.

Here's how the free 30-minute Transition Strategy Call works: We'll identify which of the 12 major life transitions you're navigating, map out how to optimize for wealth outcomes by coordinating with your CPA/attorney/financial advisor, then figure out if real estate makes sense right now—and if so, exactly how to execute.

If you're not in Colorado Springs, I'll connect you with a transition-focused real estate professional in your market through my curated nationwide network.

[Book Your Free Transition Strategy Call] → https://askweldonhobbs.com

AI tools provide frameworks. Personal guidance applies them to YOUR situation. Let's talk.

Sources

[1] American Bar Association - Intestate Succession Overview

[2] Uniform Probate Code - Intestacy Provisions

[3] Michigan Legislature - Estates and Protected Individuals Code

[4] California Probate Code - Intestate Succession