Going through probate without a will is a difficult process. The probate process aims to distribute the assets from an estate as fairly as possible. Here are the basics of what you should expect from probate if the deceased individual did not have a will.


If an individual passes away with a will, they will have appointed an executor to take care of their estate for them. However, if you pass away without a will, a court is going to appoint an administrator to handle the process instead. The administrator can be anyone, but it will usually be someone in the family or a close friend that is appointed.


The administrator is going to have to distribute the assets according to the state law in which the probate court resides. Most of the time, the probate court will tell the administrator how to distribute the assets fairly. The administrator will be charged with the responsibility of selling certain pieces of property in order to acquire cash for them. Sometimes they will distribute cash payments to the beneficiaries of an estate. Other times, they will distribute the actual physical property to the beneficiaries instead of giving them cash. The court will typically give them orders as to which method would be best. 

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