Sudden death often means no will — or a will that is outdated, or documents that cannot be found, or accounts that never got updated after the marriage. If you are in this situation, you are not alone. Many families face it, and while it adds complexity, it is navigable.
Here is what happens when there is no will.
**Intestate succession.** When someone dies without a will, the law determines how their assets are distributed. This process is called intestate succession, and the rules vary by state. In most states, the surviving spouse inherits the majority of the estate — but the specifics matter, particularly if there are children from a previous marriage, significant separate property, or assets in other states.
**Probate.** Without a will, the estate almost certainly goes through probate — the legal process by which a court oversees the distribution of assets. This takes time (typically several months to over a year) and involves some cost. You will need an estate attorney to guide you through this process. This is not optional; it is the legal mechanism for settling the estate.
**Jointly held assets and beneficiary designations bypass probate.** This is important to understand. Bank accounts and investment accounts that are jointly held, or that have a named beneficiary, typically pass directly to you without going through probate — regardless of whether there is a will. Life insurance proceeds, retirement accounts, and similar assets with named beneficiaries also transfer directly.
**Your first step:** contact an estate attorney. Not a general practice attorney — an estate attorney who handles probate regularly. Bring whatever documents you can find: bank and investment statements, any insurance policies, the deed to your home, vehicle titles.
The process is not fast and it will require patience. But it has an end point, and there are professionals who navigate this every day and can guide you through it.
---