Introduction

What happens to a family member's money or property if they die without a will? This article explores the procedures involved, including probate or abbreviated probate, and how family members can obtain their departed relative's assets.

Understanding Intestacy: When No Will is Present

When a person dies without leaving a will, their death is intestate. In such cases, the distribution of property and money is governed by state laws, often known as the laws of intestacy. These laws determine who can claim inheritance and the amount they receive.

Procedures for Obtaining Inheritance

There are various procedures to claim inheritance from an estate when no will is present. These procedures may involve probate or abbreviated probate. Probate is the legal process that validates the will and oversees the distribution of assets. Abbreviated probate can be a quicker and less expensive alternative.

To navigate this process, it is advisable to consult with a probate lawyer. They can provide guidance on the specific steps required and help streamline the process.

Entitlement to Inheritance Based on Relationship

For money or property to be entitled to family members, the deceased must have earned it through inheritance. If the property was self-acquired, a will can dictate its distribution. However, in intestacy, family members may still be entitled to a portion of the estate based on legal rules.

For example, in the United States, there is no "right" to blood inheritance (inheritance based on family relationship). If there is no will, the deceased's estate may still be distributed to family members through intestacy laws. The closer the relative, the greater the claim to the inheritance.

Determining Entitlement Through Intestacy

Each state in the U.S. follows slightly different laws for intestacy, but common rules exist. Here's a general outline of the process:

Spouses and children are typically given the highest priority as heirs. Parents and siblings (both biological and adopted) come next in the order of priority. Further removed relatives, such as uncles, aunts, nephews, and nieces, come in after parents and siblings. If no such relatives are found, the estate can revert to the state as bona vacantia, meaning the state becomes the legal owner until the rightful heir is identified.

Applying for Letters of Administration

To claim inheritance from an intestate estate, family members must apply for Letters of Administration from the court with probate jurisdiction. These letters grant the applicant the legal authority to manage the deceased's estate and distribute the assets as dictated by state laws.

Steps to Take

Check your state's website for specific guidelines and procedures for unclaimed inheritances. Verify if you are a legal heir by understanding the hierarchy of heirs under state laws. Consult a probate lawyer to guide you through the processes of probate or abbreviated probate. Provide the necessary documentation to the court, such as verifying your relationship to the deceased.

Conclusion

Dealing with a family member's death without a will can be complex, but understanding the procedures and legal rights can help you navigate this challenging time effectively. Whether it's through probate or intestacy, the right steps can ensure that your family member's property and money are distributed fairly and legally.