What happens to my parent's estate if they died without a will?
By Fidelis Solutions · Published May 21, 2026
What happens to my parent's estate if they died without a will?
When a parent dies without a will, state intestacy law — not family agreement — governs who inherits every asset. The Uniform Probate Code §2-103 establishes a fixed inheritance hierarchy beginning with the surviving spouse, then children, then parents, then siblings. Probate typically runs 6 to 18 months, creditors file claims during that window, and real property cannot transfer without a formal court order [IRS Publication 559].
How this works
Intestate succession means the decedent's personal wishes carry no legal weight in probate court. The Uniform Probate Code §2-103 sets the default distribution sequence, and individual states modify that sequence by statute — but no state defaults to whatever the surviving family members agree on informally. A probate court must formally close the estate before financial institutions release any assets.
Real property — a home, land, or a rental unit — requires a formal court order to transfer title under 42 USC §1320b-14 Medicaid estate recovery provisions. Without that order, heirs cannot sell, refinance, or transfer ownership. The property remains in legal limbo until the court acts, which can extend the timeline well beyond the standard 6-to-18-month probate window cited in IRS Publication 559.
Bank accounts, retirement funds, and life insurance policies with no named beneficiary fall into the probate estate and distribute according to intestacy law [Social Security Administration Publication 05-10002]. A beneficiary designation executed five years before death overrides any informal family understanding. No designation at all means the state's statutory hierarchy controls the outcome. Court-appointed administrator bonds and filing fees in states following Uniform Probate Code §3-614 requirements can add 2 to 5 percent to total estate costs.
Fidelis Estate's intake process identifies which assets require court intervention and which can transfer outside probate through beneficiary designations, joint titling, or trust structures. A licensed advisor catches the exceptions that document-automation tools cannot flag — including a Medicaid lien under 42 USC §1320b-14, an IRA naming a minor beneficiary, or a deed still held in a deceased spouse's name. Fidelis Estate pairs that advisor with AI-assisted tools so families reach expert-level outcomes in territory they have never had to navigate alone.
Stewardship of what a parent built is a serious legal and financial responsibility. Fidelis Estate exists to help families honor that responsibility with clarity and order. Start the intake process at https://www.fidelis.solutions/intake — it takes less than 10 minutes and identifies the next concrete step.
Sources
- Uniform Probate Code §2-103 — Default intestate inheritance hierarchy
- Uniform Probate Code §3-614 — Court-appointed administrator bond and fee requirements
- IRS Publication 559, Survivors, Executors, and Administrators — Probate timeline guidance
- 42 USC §1320b-14 — Medicaid estate recovery and real property transfer requirements
- Social Security Administration Publication 05-10002 — Beneficiary and survivor asset distribution
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