Estate administration is sometimes relatively smooth. The deceased individual made prior plans before their passing and communicated with their loved ones about their wishes. No one feels shocked or disappointed. There are no questions about the validity of their estate planning documents. The personal representative they appointed can follow their instructions and fulfill their legacy goals.
Other times, the situation can easily become more complicated. Sometimes, there are disagreements about the validity of an estate plan. Other times, there don’t appear to be any documents on record.
People who die without wills might inspire intense conflict among their loved ones. The personal representative appointed by the courts may face a more challenging process because there is no will to guide their choices. What generally happens with the assets of a deceased individual if they do not have a will?
Immediate family members usually inherit
It is more common than people may realize for someone to die without an estate plan. When that happens, the law guides the distribution of their property. Intestate succession laws establish a clear order of priority regarding the right of inheritance from an estate without estate planning documents on record.
The goal is usually to protect the interests of immediate family members who may have depended on the deceased individual for financial support. Surviving spouses and children typically have an interest in the major assets and personal property of the deceased individual.
The surviving parents and siblings of those who die without offspring or spouses may also inherit from an intestate estate. Typically, the personal representative administering an intestate estate needs to identify potential heirs and communicate with them about the upcoming probate proceedings.
They may need assistance properly valuing assets to ensure that the distribution of property aligns with the rules included in intestate succession statutes. They have the same standard obligations to communicate with creditors and to use estate resources to pay valid financial obligations and taxes before making distributions to the heirs who survived the decedent.
The lack of a will can have a direct influence on what happens throughout estate administration. Having assistance while assessing an estate, looking for a will and communicating with heirs can help personal representatives manage the estate administration process in an intestate estate scenario.