What to Know: Dying Without a Will in Oklahoma
Abigail Renfrow
Far too often, families are affected by the complications of a loved one passing away without a will. Estate planning may feel like a complex topic to address, but understanding what happens without a will is crucial. Sadly, it’s more common than you might think — around 67% of Americans don’t have a valid estate plan, leaving state laws, not personal wishes, to dictate how assets are distributed.

 

Here’s more of what happens in these situations and why having a will can make all the difference.

 

What Happens If There’s No Will?

 

When someone dies without a will, their estate goes through probate and is distributed according to “intestate succession” laws.
  • Appointment of an administrator: Without a will, the court appoints an “administrator” (often a close family member) to handle the estate. The administrator has similar duties to an executor, including paying debts, filing taxes, and distributing assets.
  • Distribution of assets:
    • Spouse and children: A spouse and children typically receive the majority of the estate, though the exact division depends on state law. For instance, a spouse may inherit everything if there are no children, or the estate might be divided if there are children involved.
    • No spouse or children: In these cases, assets usually go to other close relatives, such as parents, siblings, or nieces and nephews.
    • Extended family: If no immediate family members exist, distant relatives may inherit assets. In rare cases with no identifiable heirs, the estate reverts to the state (a process called “escheat”).
  • Minor children and guardianship: For minor children with no surviving parent, the court assigns a guardian. If a will does not specify a preferred guardian, family members can petition, but the court ultimately decides.
  • Taxes and debts: Outstanding debts and taxes are paid from the estate before assets are distributed. State laws typically determine the order of debt payment, with priorities like funeral expenses, taxes, and secured debts.