If you do not leave a Will, then the courts will take over the distribution of your property. The probate court will first appoint an administrator, whose duties will include the same asset gathering, debt paying and distributing tasks as an executor would do who is designated by a Will. However, a court-appointed administrator will usually have to post a bond. The cost of the bond will be paid from your estate, using available cash or else the proceeds from the sale of some property. Because there is no direction from a Will to choose beneficiaries, the courts will distribute the remaining assets according to state law.
Most states give top priority to the spouse, followed by surviving children.
The legal term for probate without a will is intestate proceedings, and the laws that govern estate distribution are called intestacy laws. The duration and cost of the regular probate process can be minimized for some small estates that do not exceed a certain value. Every state but Montana and North Carolina has some sort of Small Estate Administration, but they differ on what exactly qualifies as a small estate. If the laws in your state allow your estate to qualify as a small estate, then a more economical and streamlined approach can be used to distribute your property. While most of these laws qualifiy an estate based strictly on the size of your estate, some states also require consent of the heirs before allowing short form probate.