A deceased party not having formally created a will is referred to as someone who died intestate. When assets have not formally been declared to a beneficiary or do not have instructions from the deceased party regarding the direction of who the property should go to, the state will direct a deceased party’s assets for them through a process known as intestate succession.
The order in which property is distributed is based on the deceased party’s closest relatives. The closest relative is usually identified as the surviving spouse or domestic partner. Children over the age of 18 are typically next in line, followed by other blood relatives.
What Happens When Someone With an Estate Dies Without a Will
In the event there is no heir apparent based on intestate succession laws, property will not go to friends, unmarried partners, charity, or organization. Property without a proper successor will become the property of the state. An individual who has been designated as having acted unfavorably towards the deceased party does not have the right to claim property, even if he or she is a blood relative of the deceased party.
For example, suppose a property owner named Eric passes away and evidence shows that his father had committed crimes against Eric in the past, the court may rule that the father should not have access to his son’s property.
Surviving spouses must be married prior to the deceased party’s death. If the couple had a divorce in progress, the court may rule against the surviving spouse from retaining the property.
How Assets Are Distributed When a Party Dies Without a Will
When a party dies without a will, which as explained above is referred to as dying intestate, an administrator is assigned to determine how the deceased party’s assets will be distributed. Prior to distribution of assets, the administrator will be tasked with paying off old debts.
An administrator has many roles. Among them include paying off old debts, finding heirs of the deceased parties, balancing accounts, and determining the order of the parties whom are entitled to payment. The first line of succession is spouses and children of the deceased party. Many states, particularly west coast states, divide property through the concept of community property laws, when a deceased party dies without a will.
When an intestate party dies, land is typically divided using community property laws, which generally means the spouse will be entitled to the decedents estate. If there are no children, the spouse will likely be entitled to the full sum of the estate. Friends and other distant family members of the deceased party are never entitled to a portion of the estate unless this was in writing.
Role of Administrator
Locate parties related to deceased individual
Determine all the assets of the deceased party
Pay off debts
Settle accounts
Determine asset distribution
Distribute assets
Asset distribution is dependent on state law. Each state has specific laws, but the general law is that family members, particularly spouses and children are entitled to assets.
