If your loved one passed away without a will, you still have to go through the probate process. The court assesses the deceased’s assets and takes the proper taxes and debts from the estate. Then, they release the estate to the next of kin since there is no will to follow. It is then the next of kin’s choice to handle the estate as they see fit. They may distribute assets to the family, but they do not have to do so if there is no will.