Probate With No Will: What Loved Ones Need To Know
If your loved one has passed away and there is no will to be found, you must still file the estate in probate court. Read on to learn more.
Look For the Will – If a will exists, you must do your due diligence to locate it. The lawyer who prepared the will probably have a copy of it, but the original signed copy is necessary for probate. In many cases, you have a limited amount of time to file estate paperwork, so speak to a probate lawyer soon even if you have not located the will.
If No Will Is Found – When someone dies without a will, they have passed away intestate. Every state has specific rules that deal with that type of estate. A probate lawyer can guide you in what to expect for intestate estate filings and how the probate process might differ. However, in many cases, probate deals with intestate estates in much the same way as wills.
The Laws of Succession – This legal term provides guidance on how the state assigns the assets of the estate when no will is there to provide guidance. While things vary slightly from place to place, most states recognize first the surviving spouse of the deceased. If the spouse has already passed away, the assets then go to the issues. Issues usually mean the natural (and sometimes, adopted) children of the deceased. If no children are living, the assets then go to grandchildren, great-grandchildren, etc. Your probate lawyer will need a list of all living relatives of the deceased to determine succession.
Alternate Terms – When no will exists, the estate is filed, but the filing may be referred to as a petition or other terms. In many states, the role of the executor or personal representative is filled by an administrator, and they have essentially the same duties as that of the executor.
The Probate Process – In most cases, the process of probate goes something like the below:
- A petition (or estate paperwork) is filed in the local county probate court.
- A legal notice advising creditors of the estate to contact the probate attorney about any unpaid debts appears in the local newspaper.
- An inventory of the estate must be provided to the probate court within a few months' time.
- A bond may be necessary for the administrator. The bond is insurance that pays for the defense of the estate if wrongdoing by the administrator should arise and will equal the value of the estate.
- All beneficiaries of the estate are contacted.
- The estate is closed after a period has elapsed.
To find out more, speak to a probate attorney.
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