Intestate
Candlefocus EditorThe succession process that occurs when a person dies without a will is a complicated one, as the court must divide an estate without the guidance of a will. To make this determination, the court looks at state intestacy laws, also known as laws of intestate succession, that outline who is entitled to what and when.
In the absence of a will, the court follows a hierarchy, starting with the decedent's closest relatives. Often, this hierarchy is rightfully arranged to ensure that a spouse and any offspring are provided for. Most often, the decedent’s spouse will receive the majority of the estate. Under this structure, if the deceased had a number of children, the spouse would receive a pre-determined share along with their children, who would then divide the remaining estate proportionately. In order to do this, the court ascertains and evaluates the remaining living heirs and assesses the type of property held by the deceased in order to come up with a fair and equitable distribution.
When a person passes away without a will, the court may also appoint a personal representative, also known as an estate administrator, who is responsible for overseeing the disposition of the decedent's estate. This is often the decedent's closest relative, but it could also be a friend or even a professional. Their responsibility is to settle any debts that the deceased had, collect any outstanding money, and distribute the remaining assets to the designated heirs.
The process of distributing an estate without a will can take several weeks, months, or even years—all the while, accruing significant costs. Furthermore, it can be a difficult emotional process for family members who are responsible for making decisions regarding the decedent’s estate. To avoid any complications, it’s best to create a will to ensure that your wishes are honored when you pass away.