Probate

Intestate Succession Guide

Intestate Succession: Probate establishes authority for estate administration and provides a process for notices, claims, accounting, and distribution.

By Trust and probate editor Published August 13, 2026 How we edit

General probate information. Court orders, local rules, and the facts in the estate file control.

Intestacy law identifies heirs and shares for probate property not controlled by a valid will.

Where this issue sits in administration

  • Family structure, adoption, parentage, marriage, divorce, survival, and descendants can change the result.
  • Probate establishes authority for estate administration and provides a process for notices, claims, accounting, and distribution.
  • Venue usually follows domicile, but real estate in another jurisdiction can create an additional filing or transfer step.

Documents for the court and fiduciary file

  • marriage, divorce, birth, adoption, death, and family-tree records
  • asset-title and beneficiary information separating probate from nonprobate property
  • certified death certificates and the original will, if one exists
  • a preliminary asset, debt, and contact inventory

Decision points before money moves

  • Who qualifies as an heir under the relevant state's law?
  • Is there a valid will, later writing, or nonprobate transfer affecting the asset?
  • Which court or local office has venue?
  • Is formal administration required for each asset?

Risks to pause on

  • Family assumptions about who is 'next of kin' may not match statutory shares or required notice recipients.
  • Moving or distributing property before authority and claims are checked can expose the person acting to personal risk.

Court and probate references