Who settles an estate if there is no will?

When there's no will, there's no named executor. Instead, the probate court appoints an administrator (sometimes called a personal representative) to settle the estate. The court usually gives priority to the surviving spouse, then adult children, then other close relatives. The administrator applies for letters of administration, which serve as proof of their authority.

Who inherits when there is no will?

When there's no will, state intestacy laws decide who inherits, usually in an order based on family relationship — typically the surviving spouse and children first, then parents, siblings, and more distant relatives. The administrator distributes the estate according to that statutory order, not according to anyone's wishes, since none were written down.

Does an administrator have to file an accounting?

Yes. An administrator has essentially the same fiduciary duties as an executor, including accounting for the estate's money. They must track assets at the date of death, receipts, debts and expenses paid, and distributions, and be able to produce a reconciled accounting for the heirs and, where required, the court.

Executor of an Estate With No Will: The Administrator's Role

Plenty of people die without a will. When that happens, someone still has to settle the estate — but the job has a different name, a different way of getting appointed, and a different set of rules about who inherits. Here's how it works if you're the one stepping in.

Executor vs. administrator

An executor is the person named in a will to settle the estate. With no will, there's no one named — so the court appoints an administrator (in some states called a "personal representative"). Practically, the two roles do nearly the same work: gather assets, pay debts and taxes, and distribute what's left. The biggest difference is in who inherits and how you get the authority to act.

How you get appointed

Instead of a will naming you, you apply to the probate court for letters of administration — the document that proves your authority to banks and others. Most states follow a priority order for who can serve:

Surviving spouse
Adult children
Parents
Siblings, then more distant relatives

If a higher-priority person doesn't want to serve, they can usually decline so the next person can step in. The court may also require a bond.

Who inherits under intestacy

This is the part that surprises families: with no will, state intestacy law decides who gets what — not anyone's intentions. The exact shares vary by state, but the order generally follows family relationship: spouse and children first, then parents, then siblings, and outward. As administrator, your job is to distribute according to that statutory formula, whatever you personally believe the deceased "would have wanted."

You can't improvise distributions. Because there's no will to point to, an administrator is held closely to the intestacy rules — and to a clean accounting. Heirs who feel shortchanged have the law on their side if the numbers don't match what the statute requires.

The duties are the same — including the accounting

An administrator is a fiduciary, just like an executor, and owes the heirs the same core duties: act honestly, keep them reasonably informed, and account for the money. That means you'll need to:

Identify every asset and get the date-of-death balances.
Open an estate account and run everything through it.
Pay valid debts, taxes, and expenses before distributing.
Produce a final accounting that reconciles, then distribute per intestacy.

Why records matter even more without a will

With no will spelling out who gets what, distributions are dictated by law and scrutinized by heirs who may barely know each other. A clean, reconciled accounting is your best protection against the disputes that an intestate estate tends to invite — and your evidence that you followed the statute exactly. EstateLedger builds that accounting straight from the bank statements, with every figure traceable to its source.

Administering an estate without a will?

EstateLedger turns the bank statements into a reconciled, traceable accounting — every figure sourced, distributions itemized by heir. On your own computer, nothing uploaded. Reviewing is free; pay only when you export.

Download EstateLedger — free Windows · import, reconcile and review for free · $59 only when you export

Sources

This guide was written from the public, primary sources below. They set out the general rules; they are not a statement of the law of your state and they do not address the facts of your estate.

General information, not legal advice. Who may serve as administrator, the priority order, intestacy shares, and bonding requirements all vary by state. Confirm what applies to your situation with the probate court or a qualified attorney before acting.

← Back to all guides

Settling an Estate With No Will: The Administrator's Role

Executor vs. administrator

How you get appointed

Who inherits under intestacy

The duties are the same — including the accounting

Why records matter even more without a will

Administering an estate without a will?

Sources