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I am not an attorney, and you do need to get professional legal advice. If there is no will, there still may be trusts (there are several kinds) that were created by the deceased. For larger amounts of wealth, trusts are often better than wills. If there are no trusts, and there is no will, then probate court moves in and has control over how and when assets are distributed. This might not be a great problem, but sometimes probate courts can take a very long time to work through a case. Wills must go through probate court as well, but when a person leaves wishes in the form of a will, the job of probate court is to take reasonable steps to validate the will, and to make sure that the provisions in the will don't violate any rules or regulations. Trusts usually do not have to go through probate court, and there are some other advantages of trusts as well.

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16y ago
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12y ago

In most states, if someone dies without as will, there are laws which tell you who inherits any property/assets owned outright by the deceased which do not already have a beneficiary (A life insurance policy, for example, already has a named beneficiary.)

Usually the assets go to the spouse, and if there is no spouse to the kids. After that it may go to grandkids, siblings, etc, depending on state law.

If one dies without a will, it is called dying "intestate." The relatives should get a copy of the death certificate and take it to a lawyer, and, if they can't afford a lawyer, to the probate court (you can find your local probate court by doing an internet search). They will help you figure out how to pay off debts and distribute the estate.

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14y ago

You must report the death to the court and go through the Probate procedure. The deceased is said to have died "intestate," which means without a will, and the state will administer and divide the estate.

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13y ago

i think it gets passed evenly to the closest family members

i dont think this is correct because my sister passed away without a will and she was 23, and now we cannot establish an estate, and cannot pay off her bills or even bury her because of her debt

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10y ago

You open an estate with the probate court. The state or jurisdiction will have intestacy laws that specify the distribution.

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Q: What to do if deceased left no will?
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