What Happens to Your Estate if You Die Without a Will
When someone dies without a will, their property is distributed according to state law, a process called intestate succession. The specific rules of intestate succession vary from state to state, but in general, the deceased person’s property will pass to their closest relatives, such as their spouse, children, or parents.
What happens when you don’t have a will?
Here is a general overview of what happens when someone dies without a will:
- The probate court will appoint an administrator to oversee the distribution of the deceased person’s property.
- The administrator will inventory the deceased person’s assets and pay off any debts.
- The remaining assets will be distributed to the deceased person’s heirs according to state law.
If the deceased person had no close relatives, their property will escheat to the state. This means that the state will become the owner of the deceased person’s property.
Dying without a will can be a complicated and time-consuming process for the deceased person’s loved ones. It is important to create a will to ensure that your property is distributed according to your wishes.
What are some benefits to having a will?
Here are some of the benefits of having a will:
- You can control who inherits your property.
- You can appoint a guardian for your minor children.
- You can name an executor to oversee the administration of your estate.
- You can avoid the time and expense of probate.
If you do not have a will, you should contact an attorney to create one. An attorney can help you create a will that is tailored to your specific needs and circumstances.
This information is for general guidance only and should not be considered legal advice. Contact us today to discuss your specific situation.