What is intestate succession during probate

What is intestate succession during probate
Mick Grant
Mick Grant

Founder and Writer

Love is a powerful force, and It drives us towards weird decisions. Creating a will is such a decision. Sometimes a will is not created. This does not mean love is non-existent. Upon consultation, a probate lawyer advises you to create a will. Nonetheless, will creation is always the best option.

Intestate Defined By A Probate Lawyer.

Dying intestate implies death without a legal will. The absence of a will sometimes create chaos. Hence contacting a probate lawyer will help avoid this chaos. The lawyer will educate you on the court process. The death of your dear ones follows a series of trips to the court. A lawyer can reduce suffering to some extent.

The Court Process For An Intestate Estate

We have penned down the procedure an intestate estate goes through. Contacting a lawyer will help you better understand them.

Appoint A Legal Representative. 

The court nominates a legal representative. This representative or administrator manages the estate. The administrator’s prime task is to locate the decedent’s assets and intestate successors. Furthermore, the administrator also executes the function of a caretaker. He/She is a caretaker of the decedent’s estate until he/she hands it over to the beneficiaries. The administrator contacts an evaluator to get the right value for the estate. Upon receiving the valuation, the administrator can pay any pending bills. The administrator has to pay many bills including; utility, taxes, and funeral expenses. The administrator should report everything to the court. He should also inform the probate lawyer and the beneficiaries.

Attending The Hearing

The court holds a hearing to verify all the facts before them. In this time, the family members can state their objections (if any). The family members can come together and sign a waiver accepting the petition. This would omit the hearing, thus saving time.

Probate Court Order 

The court-appointed legal administrator investigates the entire legacy of the deceased. Furthermore, the administrator has another challenging task. He has to substantiate the genuine heirs of the deceased’s estate. The administrator submits his findings to the court. The court verifies the Genuity of the deceased’s closest family members. They are then confirmed as legal heirs to the estate. Lastly, the probate court scrutinizes if the creditors received their outstanding dues.

The administrator additionally needs to ensure if all the benefits need probate. Many assets require probate; some of them don’t. 401 k’s, life insurance, and joint properties; probate for these assets are not required.

Probate Lawyer Helps In Dividing The Intestate Assets.

As per intestate law, the court distributes the estate mainly to the living spouse. The breakdown is:

The surviving spouse receives a significant amount. This amount differs as per your state. The balance is then divided equally among the spouse and the children if any.

Sometimes the decedent is not married. At that point, the decedent’s family get the whole intestate bequest. The decedent may be without a better half and kids. In this case, the intestacy estate goes to the decedent’s parents.

Suppose the decedent had no spouse, children, and living parents. Siblings or half-siblings will receive the inheritance.

This inheritance extends to the siblings, half-sibling’s children as well. The probate court passes the estate to the State Trust. This happens when no spouse, children, parent, siblings, grandchildren, and relatives come forward.

A Probate Lawyer Explains Why A Will Helps Your Loved Ones

As an estate owner, you may have loved ones dependent on you. They may need you to secure their future when you are not around. Reach out to a probate lawyer to help create your will and this goes about as a help for your family. You can also keep updating your will based on events in your life, like marriages, the birth of children and their offspring, and so forth. In the absence of an heir, you can donate your estate to a charity or pass it down to anyone you love. Furthermore, a lack of a will, may not do much harm except for prolonging the probate period. 

Bottom Line

Probate is by itself, a lengthy process. An intestate estate you further complicate things. It is your duty that is born out of love to create a will. In conclusion, you have to understand that this is your last wish. If you do not put your affairs in order, you heirs could have a tough time after your death. Chaos could engulf their life. This could lead to despair and discontent. Hence a lawyer can help you immensely with all your problems regarding a probate case.

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