Common situation

When a spouse dies without a will

Losing a spouse is devastating in itself. Discovering they died without a will adds a layer of practical worry on top of grief. The good news: in every state, the surviving spouse is the highest priority heir. The bad news: without a will, the court decides exactly what you receive, and the process takes longer.

What is different about your situation

Without a will, "intestate succession" law decides who inherits and in what shares. In most states, the surviving spouse inherits the entire estate if there are no children, or shares it with the children if there are.

You will likely need to be appointed administrator (not executor) by the probate court before you can access bank accounts, sell the house, or transfer titles. Banks will not release funds based on the marriage certificate alone.

The most urgent things to do first

Order at least 10 certified death certificates. You will need them for every account and every transfer.
Locate joint accounts and accounts where you are the named beneficiary. Those pass to you immediately without probate, often within a week.
Do not move assets out of your spouse's individual accounts until you have Letters of Administration. Doing so can create legal problems.
Notify Social Security. You may be entitled to a one time death benefit and ongoing survivor benefits.
File for life insurance, employer benefits, pension, and any 401k or IRA where you are the beneficiary.
Petition the probate court for appointment as administrator. Bring the death certificate, marriage certificate, and a list of the deceased's assets.
Inventory all individually owned assets. The court will require a sworn inventory before authorizing distribution.

State by state notes

Community property states (California, Texas, Arizona, Idaho, Louisiana, Nevada, New Mexico, Washington, Wisconsin) generally give the surviving spouse all community property automatically, plus a share of the deceased's separate property. Common law property states use a statutory share, typically one third to one half of the estate plus the marital home, with the rest going to children.

Frequently asked questions

Do I automatically inherit everything if my spouse dies without a will?

Not automatically and usually not all of it if you have children. In most states, the spouse and children share the estate. Even when you inherit everything, you still need court authorization to transfer titles and access individual accounts.

How long does intestate probate take?

Typically 9 to 18 months, longer than a probate with a will, because the court must verify heirs and there is no executor named to streamline decisions.

Can I just keep using the joint bank account?

Yes. Joint accounts with right of survivorship transfer automatically to you. Bring the death certificate to the bank to have your spouse's name removed.

What happens to the house?

If the deed lists both spouses with right of survivorship or as tenants by the entirety, it passes to you automatically. If only your spouse was on the deed, the house goes through probate and the court decides based on intestate succession.

Will I owe my spouse's debts?

Generally no, unless you co-signed the debt or it was on a joint credit card. The estate pays debts before distribution. If the estate has no money, most creditors are out of luck.