-- Probate and estate planning lawyer Karen Patricia Kisch is addressing one of the most emotionally and legally complex situations families face after a loved one’s passing — probate when no valid will exists, a process known as intestate administration.
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When an individual dies without a will, their estate doesn’t escape probate — it simply follows a different path. According to Kisch, state law determines who inherits, who can serve as the estate’s representative, and how assets are ultimately distributed. “Intestacy laws are designed to provide a fair framework, but they rarely reflect the decedent’s personal wishes,” Kisch explained. “That’s why understanding how to navigate probate without a will is crucial to preserving family harmony and minimizing unnecessary delays.”
Unlike traditional probate, where an executor is named in the will, intestate estates require the court to appoint an administrator to handle all estate affairs. “Typically, a surviving spouse or adult child has first priority to serve,” said Kisch. “If there’s disagreement among family members, the process can become contentious and extend the timeline.”
Once appointed, the administrator assumes fiduciary responsibility for managing the estate — including identifying assets, paying valid debts and taxes, and distributing what remains according to state intestacy laws. Kisch emphasized, “This role carries legal liability. Proper documentation, communication with heirs, and compliance with probate court requirements are essential.”
Every state has statutes outlining who inherits when someone dies intestate. Generally, assets pass first to a surviving spouse, then to children, parents, siblings, and more distant relatives. “But these formulas differ by state,” Kisch noted. “In some jurisdictions, a spouse may share the estate with children from a previous marriage. In others, the spouse may receive everything outright. Knowing these distinctions helps families avoid confusion and conflict.”
Kisch also warns that some assets — like jointly held property or accounts with named beneficiaries — may still pass outside probate. “Families often assume everything goes through the court, but certain assets transfer automatically,” she explained. “A knowledgeable probate attorney can help identify which items belong in the estate and which don’t.”
Without clear written instructions, intestate estates are more prone to disputes among heirs. “Emotions run high, especially when people are grieving,” Kisch said. “An impartial attorney can help mediate disagreements, ensure compliance with the law, and protect the administrator from allegations of bias or mismanagement.”
To preserve value and avoid penalties, Kisch recommends acting quickly after a death. “The first 60 days are critical — that’s when you need to identify key assets, secure property, and notify the court,” she advised. “Delays can lead to financial loss, tax issues, and even personal liability for the administrator.”
“Every intestate estate tells a different story,” Kisch said. “The right legal team helps ensure that even without a will, the process is efficient, respectful, and legally sound.”
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Contact Info:
Name: Karen Patricia Kisch
Email: Send Email
Organization: Kisch Law Firm, PLLC
Address: 113100 Wortham Center Drive, 3rd Floor, #1031, Houston, TX, USA
Phone: (844) 547-2452
Website: https://kischlawfirm.com
Release ID: 89179804
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