when a person dies without a will he is said to have died intestate an intestate estate is also one where the will presented to the court has been deemed to be invalid the probate process for an intestate estate includes distributing the decedent s assets according to state laws if a deceased person has no assets probate may not be necessary 
in general a probate court proceeding usually begins with the appointment of an administrator to oversee the estate of the deceased the administrator functions as an executor receiving all legal claims against the estate and paying off the outstanding debts the administrator is tasked with locating any legal heirs of the deceased including surviving spouses children and parents the probate court will assess what assets need to be distributed among the legal heirs and how to distribute them the probate laws in most states divide property among the surviving spouse and children of the deceased asset transfer to the government is known as escheatment states do typically have a timeframe for the claiming of any assets by an heir who may step forward community property laws can recognize both spouses as joint property owners in an intestate proceeding in effect the distribution hierarchy typically starts with the surviving spouse if unmarried or widowed at the time of death assets are usually divided among any surviving children after a spouse and children are considered other relatives may also be deemed appropriate for distribution close friends of the deceased will not normally be added to the list of beneficiaries under a state s probate laws for intestate estates however if the deceased had a joint account with right of survivorship or owned property jointly with another the joint asset would automatically be owned by the surviving partner if an individual has no will and no heirs any remaining assets go to the state 