MyEstateGuardian™

⚠️ Important Legal Notice

MyEstateGuardian is a document preparation platform — not a law firm.

The information on this page is general and educational only. It does not constitute legal advice and does not create an attorney-client relationship. Probate law varies significantly by state and by the specifics of each estate. You should not rely on this information to make legal decisions.

If someone has died without a will, you should consult a licensed probate attorney immediately to protect your rights and the estate's assets.

Someone Died Without a Will

Step-by-step guidance for handling intestate estates

Understanding Intestacy

When someone dies without a will or trust, their estate goes through probate - a court-supervised process that can take 12-24 months and cost 3-7% of the estate value. State law determines who inherits, not the deceased's wishes. This page guides you through the complex process.

What You Need to Do

1
Secure the Property & Assets
Urgent
Immediately secure the deceased's home, vehicles, and valuables. Change locks if necessary. Notify banks and credit card companies.
Within 24-48 hours
2
Locate Important Documents
Urgent
Find death certificate, Social Security card, bank statements, property deeds, insurance policies, tax returns, and any estate planning documents.
Within 1 week
3
File for Probate Court
Petition the court to open probate and appoint an administrator (usually next of kin). This gives you legal authority to act.
Within 30 days
4
Notify Creditors & Beneficiaries
Publish notice in local newspaper and directly notify known creditors. State law determines who inherits (spouse, children, parents).
Within 60 days
5
Inventory & Appraise Assets
Create detailed list of all assets with values. May need professional appraisals for real estate, businesses, or collectibles.
Within 90 days
6
Pay Debts & Taxes
Pay outstanding bills, funeral expenses, final income tax, and estate taxes if applicable. Get court approval for major expenses.
6-12 months
7
Distribute Assets & Close Estate
After debts paid and waiting period expires, distribute remaining assets per state intestacy law. File final accounting with court.
12-24 months

The True Cost of Probate

  • • Court fees: $500 - $2,000
  • • Attorney fees: 3-7% of estate value ($3,000 - $70,000+ for a $1M estate)
  • • Executor fees: 2-4% of estate value
  • • Appraisal costs: $500 - $5,000
  • • Time cost: 12-24 months of legal limbo for beneficiaries

💡 A simple trust could have avoided all of this for just $997.

Get Professional Help

We've helped thousands navigate probate. Choose the right service for your situation.

Free Referral
Connect with Probate Attorney
Get matched with experienced probate attorneys in your state
  • Free initial consultation
  • State-licensed attorneys only
  • Flat-fee pricing options
  • Handle entire probate process
$497
Probate Document Preparation
Guided preparation of court filings and required forms
  • Petition for probate
  • Letters of administration
  • Notice to creditors
  • Inventory & appraisal forms
  • Final accounting & distribution
$297
Asset Discovery Service
Smart search to locate hidden assets and accounts
  • Bank account search
  • Life insurance finder
  • Investment account lookup
  • Property records search
  • Detailed report with contact info
$97
State Probate Roadmap
Complete guide with forms, checklists & timelines for your state
  • State-specific requirements
  • Downloadable forms & templates
  • Step-by-step timeline
  • Common pitfalls to avoid
  • Lifetime access & updates

Protect Your Own Family

Watching someone navigate probate is one of the most stressful experiences a family can face — months of legal limbo, court fees, and uncertainty. You can spare your loved ones from going through the same thing.

MyEstateGuardian guides you step-by-step to create a personalized estate plan with a will, trust, power of attorney, and healthcare directive — all in one place.