Losing a loved one is hard enough. But when they leave behind no will, no funeral plan, and no instructions, grief is quickly joined by confusion, tension and a gnawing sense of “what now?” That’s the reality for families who must piece together a person’s final affairs while still processing the loss.
It’s a scenario that happens far more often than you might think. Let’s walk through what it could look like, and how you might handle the legal, financial and emotional fallout if it ever lands in your lap.
A 2024 Caring.com survey found that two-thirds of Americans don’t have a will — a stat that may suggest that many also haven’t made formal funeral arrangements. That lack of preparation can turn a difficult emotional moment into a logistical and financial nightmare.
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No will? Here’s how the state decides who gets what
When someone dies without a will, they’re said to have died “intestate.” In that case, state law determines how their assets are distributed. Every state has its own rules, but most follow a general order of inheritance:
Spouse and children first: If there are none, the estate typically passes to the next closest relatives.
Parents, then siblings: If the deceased’s parents are alive, they may inherit the estate. If not, it typically goes to siblings.
Then extended family: If there are no parents or siblings, the estate might pass to grandparents, then to aunts, uncles and cousins.
In our hypothetical cousin’s case, with no spouse, children, parents or siblings, the surviving cousins could be the legal heirs, depending on the state.
Without a will, you’ll first need to open a probate case and possibly be appointed as the estate’s administrator. That means tracking down bank accounts, insurance policies, retirement accounts, personal possessions, and any debts — a detective job made harder if your cousin kept poor records.
If you’re ever in this situation, start by getting multiple copies of the death certificate, as banks, insurance companies, and government agencies will require them. Then, contact the probate court in the county where your cousin lived to begin the legal process.
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No funeral arrangements? Expect a big bill
Funerals in the U.S. aren’t cheap. According to 2025 data from online insurance company Choice Mutual, the average traditional funeral with burial costs about $8,300, while cremation averages $6,280. That figure can climb fast with upgrades like a higher-end casket, flowers, transportation, or a large gathering.
Without a prepaid plan or life insurance designated for funeral expenses, someone has to cover the cost upfront. If the estate has assets, you can request reimbursement during probate. But that can take months. In the meantime, the financial burden often falls to family members willing — or pressured — to step in.
Even if most Americans don’t pre-plan their funerals, doing so can bring real benefits. Prepaying locks in today’s prices and allows you to choose the details, easing the burden on your loved ones. Some funeral homes even offer installment plans or insurance-based pre-need arrangements.
Why pre-planning matters — even if you think you don’t need it
No one likes thinking about their own death. But as our scenario shows, failing to plan can leave your family scrambling to make tough decisions under stress. Here’s how to prevent that:
Make a will: Even a basic will can clarify who gets your belongings and who should handle your estate. Online templates can cost under $100, while hiring an estate attorney might run $300 to $1,000.
Document your assets and debts: Keep a simple list of your bank accounts, insurance policies, retirement accounts and any loans or credit cards. Store it in a safe but accessible place.
Choose an executor: Pick someone you trust to manage your affairs and let them know where to find your documents.
Plan, and maybe prepay, for your funeral: If prepaying isn’t an option, set aside savings or designate life insurance proceeds for final expenses. At the very least, write down your wishes to guide your family.
When to seek professional help
If you find yourself in charge of an intestate estate with no funeral plan, don’t try to handle it all alone. Probate attorneys can guide you through your state’s inheritance laws, and financial advisors can help locate accounts and manage assets. Some funeral homes also assist with filing insurance claims or arranging financing.
While it’s tempting to “just get it over with,” rushing can cost you. Selling valuables too quickly or missing claims deadlines could reduce what’s left in the estate, or increase what you pay out of pocket.
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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.
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