Many people think of wills when they think of estate planning. While estate plans can include a variety of documents, many people rely only on wills to establish a legacy and protect their loved ones.
A will makes estate administration more predictable and less likely to result in conflict. What happens in cases where families cannot find a will after a person passes?
Intestate succession rules may apply
In some cases, a personal representative can locate a will by reviewing financial and legal records, checking safes, accessing safety deposit boxes and communicating with the local courts. In scenarios where neither the family nor the personal representative can locate a valid will, state law may provide critical guidance for estate administration.
Intestate succession laws identify the heirs who can inherit from an estate with no will or other estate planning documents in place. Typically, the people with the closest legal and biological relationships to the decedent inherit from an intestate estate. Spouses and surviving children often split the estate. Parents and siblings can potentially inherit when the person who died did not have a spouse or children.
In rare cases with no immediate family members, personal representatives may need to search for potential heirs and communicate with them about the estate. Identifying heirs and upholding intestate succession laws can make the probate process a bit more challenging for personal representatives.
The assistance of a legal professional can reduce the challenges and liability inherent in intestate succession proceedings. Working with an attorney often makes it easier to manage the probate process when there is no will to govern the distribution of property.
