Most adults understand that they need a will. However, a significant percentage of people never get around to drafting one. They tell themselves they need to wait until they reach certain milestones or simply put it off as something to handle in the indefinite future.
When someone dies without a will, they have died intestate. In such cases, the estate still needs to pass through probate court. What generally happens during the administration of an intestate estate?
Family members have a right of inheritance
As noted above, dying without a will is a relatively common issue. As such, there are state statutes already in place to address this exact scenario. In many cases, the person who died has a surviving spouse and children. Spouses have a right to the community property included in the estate, but they must share the separate property of the decedent with other family members, including children and the parents of the deceased spouse.
For those with children but no spouse, their children receive the entirety of their estate. When an unmarried person without children dies, their parents may inherit their property. Siblings and more distant family members may also have a right of inheritance in cases where there is no immediate family to inherit real estate. While some assets have protection from intestate succession rules, such as accounts with valid beneficiary designations, most property is subject to state law if there is no will.
Working with an attorney to search for a will and to learn about intestate succession law and be helpful for those concerned about estate administration. Without a will, state law typically determines what happens with the property that belongs to a deceased party.