What happens when someone dies without a will (intestate)?
The estate must be probated. Your state's intestacy law controls how property is divided in this situation. Usually, your next of kind (such as your spouse, children, or parents) will receive the property. If you have no next of kin, then your property is kept by the state (called "escheat"). If your loved one has died intestate, you should contact an attorney as soon as possible to begin the Probate process.