What happens to the estate of a person who dies before his will has been completed? 16 Answers as of August 01, 2011

What happens to the estate of a person who dies before his will has been completed?

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Majors Law Firm, P.C.
Majors Law Firm, P.C. | M. Jason Majors
The decedent's estate would be distributed pursuant to intestate succession. Each state has laws which provide how the estate will be distributed, typically to the next of kin. The beneficiaries may include the spouse, children, parents, or a combination thereof, depending upon the circumstances.
Answer Applies to: Wyoming
Replied: 8/1/2011
Law Offices of Timothy G. Kearney, LLC
Law Offices of Timothy G. Kearney, LLC | Timothy G. Kearney
The estate will be distributed under the laws of intestacy. The will has no legal effect if it has not been executed.
Answer Applies to: Connecticut
Replied: 8/1/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
If a person dies without a Will, they die "intestate" and Florida statutes dictate who gets what and who is appointed executor.
Answer Applies to: Florida
Replied: 7/31/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
If there is no prior will, the estate is divided in accordance with the intestacy laws of the state where they lived.
Answer Applies to: California
Replied: 7/31/2011
Asset Protection and Elder Law Center
Asset Protection and Elder Law Center | Shadi Alai-Shaffer
Depending on the size of the estate it will go through Probate Court.
Answer Applies to: California
Replied: 7/31/2011
    Law Offices of Mark Lewis & Associates, PC
    Law Offices of Mark Lewis & Associates, PC | Andrew C. Spitler
    The person's assets will pass under Arizona's statutes for intestacy (for those who leave no will). The statutes provide that all of the decedent's property will pass to a surviving spouse if there are no children, or if all of the children of the decedent are also children of the surviving spouse. If there are children from someone other than the surviving spouse then the distribution is changed giving those children a share of the estate. If there is no surviving spouse, the children of the decedent would inherit. If there are also no children, then the parents of the decedent and their descendants inherit, but exactly who and in what amount depends on how far you need to go to find an heir.
    Answer Applies to: Arizona
    Replied: 7/30/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    He dies intestate, with no will, and the state makes his will for him. Who inherits is decided by state law, and the cost of probate escalates over an estate with a will.
    Answer Applies to: Georgia
    Replied: 7/30/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If there is not a previous/unrevoked will, then the estate will be treated as "intestate" and the assets/debts will be handled pursuant to the statutes.
    Answer Applies to: Arizona
    Replied: 7/30/2011
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    The person dies intestate. There is no "almost a Will".
    Answer Applies to: California
    Replied: 4/18/2011
    Law Offices of Brian Chew
    Law Offices of Brian Chew | Brian Chew
    If a person dies without a will, their estate will be subject to the laws of intestacy (and if the estate has assets valued at more than $100,000 the estate will be subject to probate) whereby the surviving spouse typically gets the estate, followed by any living children, then parents, then brothers and sisters, nieces and nephews and so on.
    Answer Applies to: California
    Replied: 4/18/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    If the person does not have a previous will, then they die intestate and the state statutes define who receives his property. Generally it will go to spouse and or children then to parents then to siblings then to nephews and nieces.
    Answer Applies to: Florida
    Replied: 4/18/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    The estate is dealt with as if the person had no Will and is distributed according to the laws of the State. Good luck.
    Answer Applies to: New York
    Replied: 4/18/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    A person who dies without a valid Will is said to be "intestate," and their estate must be probated according to the laws of "intestate succession," which may vary from the desired terms of the (uncompleted) Will. Regardless, you will still need to probate the decedent's estate. And you may want to seek the assistance of a probate attorney for that.
    Answer Applies to: Massachusetts
    Replied: 4/17/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    It is probated as an Intestate Estate.
    Answer Applies to: New Hampshire
    Replied: 4/17/2011
    Owings Law Firm
    Owings Law Firm | Tammy B. Gattis
    The estate is probated by state law instead of by the wishes set forth in a will.
    Answer Applies to: Arkansas
    Replied: 4/17/2011
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