What to Do Immediately After a Parent Dies With No Will

If you are reading this shortly after learning that your parent has died with no will, take a breath. There are some things that need to happen soon, but most of the legal and financial steps can wait days or even weeks. Here is what actually matters right now:

• Get a legal pronouncement of death. If the death occurred at home, call 911 or the hospice provider. A physician, medical examiner, or coroner must officially pronounce the death.
• Contact a funeral home. You are not required to use the first one you call. The FTC requires funeral homes to provide pricing over the phone. Call at least two.
• Secure the home. If your parent lived alone, make sure the home is locked, appliances are off, and any pets are being cared for. Do not throw anything away — even papers that look unimportant could be relevant later.
• Notify immediate family. Designate one person to make calls so you are not repeating the same conversation dozens of times while trying to handle logistics.
• Begin looking for a will. Even though you believe there is no will, search thoroughly before assuming. Check their home office, email, safe deposit box, and contact any attorneys they may have worked with.

Most people don't know: What to do immediately after a parent dies with no will starts with confirming there actually is no will. Check tax returns for legal fee deductions (which could lead you to an estate attorney who drafted one), search email for "will," "estate plan," or "trust," and ask siblings, close friends, or your parent's financial advisor if they know about any estate planning documents.

When someone dies without a valid will, they are said to have died "intestate." This does not mean their assets disappear or go to the government (a common myth). Instead, your state's intestacy laws determine who inherits and how much they receive.

Here is the general order of inheritance under most state intestacy laws:

• Surviving spouse — typically receives a significant share, often the entire estate if there are no children, or a portion if there are
• Children — share the remainder equally (including adopted children; sometimes including stepchildren depending on state law)
• Parents — inherit if there is no surviving spouse or children
• Siblings — next in line after parents
• Extended family — nieces, nephews, grandparents, aunts, uncles

The specifics vary dramatically by state. In some states, the surviving spouse gets everything if all children are also children of that spouse. In others, the spouse gets only a third. This is why your state's specific rules matter so much.

Most people don't know: Unmarried partners inherit nothing under intestacy laws in every state. It does not matter if your parent and their partner lived together for 30 years — without a will, the partner has no legal right to any assets. If your parent had an unmarried partner, this may need to be handled sensitively.

Without a will naming an executor, the court must appoint an "administrator" (sometimes called a "personal representative") to manage the estate. This does not happen automatically — someone must petition the court.

Most states give priority in this order:

1. Surviving spouse
2. Adult children
3. Parents of the deceased
4. Siblings
5. Other relatives
6. Creditors (in rare cases)

To petition, you will file paperwork with the probate court in the county where your parent lived. The court will typically schedule a hearing, and if no one objects, you will be appointed and receive "Letters of Administration" — the document that gives you legal authority to access accounts, sell property, and manage the estate.

The filing fee is typically $200-$400. The court may also require you to post a bond (essentially insurance against mismanagement). Bond costs vary based on the estate value but are generally a few hundred dollars per year.

This is one of the most important things to understand: many assets pass outside of intestacy entirely, regardless of whether there was a will. These include:

• Life insurance policies — pass to the named beneficiary, not the estate
• Retirement accounts (401k, IRA) — pass to the named beneficiary
• Joint bank accounts — pass to the surviving joint owner automatically
• Payable-on-death (POD) accounts — pass to the named beneficiary
• Transfer-on-death (TOD) brokerage accounts — pass to the named beneficiary
• Property held as joint tenants with right of survivorship — passes to the surviving owner
• Assets in a living trust — distributed according to trust terms

Most people don't know: Beneficiary designations override everything — intestacy laws, wills, even trust documents in some cases. If your parent named their ex-spouse as beneficiary on a life insurance policy 20 years ago and never updated it, that ex-spouse gets the money. Period. Check all beneficiary designations immediately.

Week 1:

• Order 15-20 certified copies of the death certificate through the funeral home
• Notify Social Security (call 1-800-772-1213) — they may be owed money back if a payment was received after death
• Notify your parent's employer (if applicable) and ask about group life insurance, final paychecks, and retirement benefits
• Contact your parent's bank to understand what happens to their accounts — do not try to withdraw money from individual accounts

Weeks 2-4:

• File the petition for administration with the probate court
• Gather financial records — bank statements, investment accounts, property tax bills, credit card statements, loan documents
• Pull a credit report for the deceased (this helps you find accounts and debts you might not know about)
• Begin notifying creditors and financial institutions

Month 2-3:

• Complete the estate inventory for the court
• Get date-of-death valuations for all assets (especially real estate — you will need this for tax purposes)
• File claims for any life insurance or retirement benefits
• Publish the required creditor notice in a local newspaper

Without a will providing clear instructions, family disagreements are more common. Here are the most frequent points of conflict and how to handle them:

• "Mom wanted me to have the house." Without a will, verbal promises carry no legal weight. The intestacy laws determine distribution, not family lore.
• "I should be the administrator because I'm the oldest." Courts do not automatically favor the oldest child. They consider who is most qualified and willing.
• "I've been paying for Mom's care, so I deserve a bigger share." This is understandable emotionally, but intestacy laws do not account for caregiving. If this is a significant issue, mediation may be more effective and less expensive than litigation.

If disagreements escalate, consider hiring a mediator before the situation becomes adversarial. Mediation typically costs $1,000-$3,000 total. A contested probate case can cost each side $10,000-$50,000 or more.