Losing a loved one is always difficult, and there are often additional challenges after someone’s passing when sorting through the decedent’s affairs. When someone dies, their assets are evaluated by the probate court so beneficiaries and outstanding debts are identified.

The first document the probate courts request is a Last Will. In the case no Last Will can be found, the courts will determine the decedent died “Intestate”, or without a valid Last Will. This triggers an immediate probate of the decedent’s estate. Probate occurs in the last state the decedent resided in up until their death. Each state has specific laws for the intestate line of succession, which ultimately determines what happens to the decedent’s assets.

Intestate Succession Laws

The intestate line of succession occurs when a decedent did not have a valid Last Will. A Last Will would normally detail how the decedent wishes their assets to be distributed. Unlike a Last Will, intestate requires distribution of the decedent’s assets to be subjected to the laws of the state.

The laws of intestate succession may depend on many factors, such as whether a person is single or married, or has children. The whole estate must have an inventory of the complete list of assets owned by the deceased, including their total assessed value. In most situations, the property will be distributed among the legal heirs of the deceased. However, when no relatives are found, the entire estate goes to the state conducting the probate.

Legal Heirs For Intestate

A legal heir is a person who is legally entitled to receive property after someone has died. These people are determined by Intestacy laws of the governing state. Legal heirs will inherit assets based on rules of descent and distribution. The parties most often involved in the line of succession include children, spouse, parents, siblings, and even grandparents.

There are many more obstacles when dealing with intestate and distributing assets. But there is another option so this process is made easier. Avoid probate by planning ahead for your estate and by creating a valid set of estate planning documents. Planning ahead will save time, stress, and money for your loved ones. The first step is to reach out to an experienced estate planning attorney so they may advise on the best course of action to take to protect and plan for your assets.