Estate planning gives individuals an opportunity to craft a specific legacy that is meaningful for them and for their loved ones. People often put a lot of thought into how they allocate their property and also who they nominate to hold positions of authority in the event of their premature passing.
One of the first things families do after someone dies is usually to look for a will or other estate planning documents. Unfortunately, sometimes there aren’t any documents to guide the probate process. At that point, there may be a lot of questions about what happens to the property that belonged to the decedent. The law actually provides clear guidance for estate administration when there are no testamentary documents.
The law protects direct family members
It is relatively common for people to die without an estate plan in place. Thankfully, lawmakers have enacted statutes that address this difficult situation. Intestate succession laws guide the distribution of property when people die without wills or other estate planning paperwork to guide the probate process.
In intestate succession scenarios, legal and biological relationships are the main considerations reviewed by the courts. The people with the closest connections to the decedents have the strongest right of inheritance. If the person who died was married but had no children, then their spouse inherits everything.
If they have children but no spouse, then the children inherit the entirety of the estate. When the deceased individual has a surviving spouse and children, then the spouse and children share the estate. The allocation of estate resources depends on whether the surviving spouse is also a parent of the children.
In situations where the deceased individual does not have surviving children or a spouse, then their parents might inherit their property. When there are no surviving parents to claim estate resources, then siblings or other family members may be able to inherit from the estate. In the rare scenario in which the state cannot find any surviving family members, the state itself may eventually receive the property that belonged to the decedent.
Those who have recently lost a loved one may need help reviewing the situation to determine whether they have the legal standing to inherit property from the estate. Understanding what to expect during intestate probate proceedings can help people dealing with grief and uncertainty about their rights.
