What Happens if Someone Dies Without a Will?
Most people associate the concept of a will as being the final arrangements to be made to close a deceased person’s estate. When there is no will, people often wonder what happens next.
Immediately After You Pass Away
After death, the probate courts in your state immediately go to work. The probate court will have important paperwork in its files such as a power of attorney and a will. While having a will on file with the probate court makes some things easier, it can still take some time for an estate to finally clear probate. But what happens when there is no will?
Estate Administrator
If there is no will, then the probate court will immediately establish an estate administrator for the deceased. In most cases,this will be a next-of-kin who the state can handle the responsibilities. Some people die without a will but they still file paperwork to name their estate administrator. If the probate courts determine the estate administrator, then some family members may challenge the appointment and that can slow the process down even further.
Collecting Debts and Assets
The probate court will instruct the estate administrator to start collecting information on the assets of the deceased,while the court will send out notices to creditors telling the creditors to make their claims as soon as possible.
Paying Debts and Distributing Assets
The estate administrator will then be instructed to use the assets of the estate to pay off as much of the estate debt is possible. If the estate debt has been satisfied and there are still assets available, the probate court will work with the administrator to determine how the assets are distributed.
The Reality
This sounds like a relatively simple process. However, it is important to remember that absolutely no provisions are made for any special arrangements the deceased may have for their assets. Since there was no will, the probate court has no idea what the deceased wanted done with their money or what the deceased’s priorities were. The estate administrator often has to handle disputes among potential beneficiaries. The administrator also has to do what is necessary to close out the estate.
If you pass away without a will, you are leaving chaos behind for your family to deal with. Our estate planning lawyers can help you to put your will together, allow you to make special arrangements for the people and organizations that are important to you, and make sure your wishes are followed after you have passed on.