how the probate process works if you die intestate
probate courts typically begin the process by appointing an administrator to oversee the estate of the deceased the administrator will compile a list of the deceased s assets pay off any debts and then distribute the remaining assets to the parties deemed beneficiaries by a probate judge in other words an administrator functions like an executor a legal representative normally named in a will one of the administrator s duties is to locate the legal heirs of the deceased which could include surviving spouses children parents siblings and other relatives the order in which heirs inherit from a decedent s estate when there is no will to rely on is called intestate succession the probate court will decide who gets what 