How Property is Transferred After Death Without a Will

If you die without a will, called dying intestate, your state's probate court decides where to transfer your property and personal belongings. Intestate succession laws vary by state, but your property will generally pass to your next of kin or the state if no relatives can be found.

Without a will, probate — the process of distributing your assets after your die — can be a longer, more complex process for your loved ones. Estate planning tools such as wills, trusts, transfer-on-death deeds and payable-on-death designations can simplify the process.

» Estate planning? Here's a 7-step checklist to get started

Most estates must go through probate, but the process can look different depending on whether you have a will.

Property transfer with a will

1. Probate begins when the last will and testament and a certified copy of the death certificate are submitted to the county court of the deceased. 

2. The executor named in the will handles the estate administration. This includes distributing property and accounts to beneficiaries and ensuring that outstanding debts, taxes, and funeral expenses are paid.

3. If you have beneficiary-designated accounts such as life insurance and retirement accounts, those assets will usually pass directly to the beneficiaries named without passing through probate ^[0]

   American Bar Association. The Probate Process. Accessed Jun 19, 2024.

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» MORE: The pros and cons of handwriting a will

Property transfer without a will

1. Your local probate court follows your state's intestate laws, typically using the next-of-kin designation to determine beneficiaries and distribute the assets accordingly ^[0]

   Cornell Law School Legal Information Institute. Will. Accessed Jun 19, 2024.

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2. The state can take possession of the property in a process called escheat if the probate court is unable to contact any next-of-kin to name heirs. 

3. If the property is solely owned, heirs designated by the court must sign, notarize, and submit an affidavit of heirship to the court before the transfer of the property deed can occur. 

4. If the property is jointly owned, the surviving owner is generally considered the heir. The surviving owner must submit a certified copy of the deceased owner's death certificate and an affidavit of survivorship to the probate court to transfer sole ownership. 

» Learn more: How joint tenancy with rights of survivorship works

Transferring property after death may be virtually immediate if the estate and/or assets avoid the probate process and it's clear who the beneficiary is. If the assets have to go through the probate process, however, transferring property after death can take weeks, months or years, in some cases.

Transfer on death deed

Property held in a transfer on death (TOD) deed automatically transfers to a beneficiary when the owner dies. This estate planning tool keeps the property from going through probate. TOD deeds are not available in every state; check with an estate attorney to find out if it's available to you.

Payable on death bank account

A payable on death (POD) account works similarly to a TOD deed by transferring a bank account directly to a beneficiary upon the owner's death.

To claim the account, the beneficiary will need to provide the bank with their identification and a certified copy of the account owner's death certificate.

Trusts

Property held in a trust — a legal arrangement that authorizes someone else to handle your assets — also bypasses probate. Many types of trusts exist for different purposes, and some trusts can reduce estate taxes ^[0]

Trusts can give you greater control over your assets, but they can be more expensive and time-consuming to set up than other estate planning tools.

» Learn more: The difference between a living trust and a will

Wills

Wills aren't required, but they can significantly reduce complications in the probate process and ensure that your wishes are honored in the event of death. You can write a will with an estate planning attorney or through online will-writing software.