What should I do if my father did not leave a will? 16 Answers as of January 03, 2012

This largely depends on the amount of the estate and how much debt your father had. If the total gross estate is less than $100,000 for a death in 2011, then this can be handled via the Small Estates probate process in California. If the total gross estate is more than $100,000, then you must go through the probate process. You may wish spend additional time looking for a will. There are many instances where a Last Will and Testament existed even though no one knew about it. Check safe deposit boxes, drawers, etc. If there truly is no will, then you need to determine what assets will bypass probate and what assets must be probated. You also need to determine who will act as the Administrator (probably you). You need to gather information about all assets and all debts. Other issues you should consider include getting copies of the Death Certificate, placing an obituary in the local paper, canceling credit cards, canceling services such as Comcast, AT&T, etc., closing out online activity, looking for life insurance policies, and determining what government benefits exist. There are various non-attorney services that exist to help you with such final details.

Since your Father died without a will, his estate will pass by intestate (without a will). You should immediately contact an attorney who specializes in probate and file a petition to probate his estate immediately in the Superior Court in the County in which your Father resided. My recommendation is that you begin this process immediately. If you were your Father's closest relative, you file a petition to be named the administrator of his estate and probate his estate. I would also recommend securing his assets (i.e., change the locks to his residence).

Did he die a resident of the state of Georgia? If so, then you can petition for letters of administration for his estate. With these in hand you can conduct his affairs as his administrator. It is kind of complicated, and I would suggest you use an attorney to do this.

If he didn't leave a will then there is a specific statutory priority of who can be appointed as the Personal Representative ("executor") to administer his estate. If he did not have a surviving spouse, then you may have priority although that may be shared if you have siblings.

If he has assets some form of probate will probably be necessary. If he has assets in Nevada or is a Nevada resident we may be able to assist you.

If your father owned property in his sole name (no joint owners, no named beneficiaries) then you will need to administer his estate in court. (This is commonly referred to as "probate," although technically it is different where there is no will).

The State of Georgia has a Will for those who did not have one. You will need to file a petition in probate court to have you appointed as Administrator.

If your father left more than 50,000 in property, you need to start an estate in the county where he resided when he died. If he left under $50,000, you can do a transfer by affidavit. Please be aware if he received benefits from certain state programs, you need to notify the State of the proceedings.

Since your father died without a Last Will & Testament, the process by which you may be appointed to handle the estate is called "intestate administration." An administrator needs to be appointed for the estate if your father died with assets valued at $30,000 or more. Since there is no Will appointing an executor, the law sets forth who may be appointed administrator. Usually, the administrator will be, in order of preference, the spouse, the children, the grandchildren, the father or mother, the brother or sisters and so on. The administration proceeding is begun by filing an administration petition with the Surrogate's Court in the county in which the your father resided. The role of the administrator is the same as that of an executor.

Your next step is to file a petition for administration of his estate along with a death certificate and information as to who are his potential heirs. The petition along with a death certificate and the information regarding heirs is filed with the probate court in the county of his residence at the time of his death. If he had left a will, the provisions of the will would control over the disposition of his estate. Since he did not, the Michigan statute controls. I have attached two links to the statutes relating to who inherits for your reference. You most likely will need the assistance of an attorney in preparing and submitting the paperwork to the probate court. http://legislature.mi.gov/doc.aspx?mcl-700-2102 http://legislature.mi.gov/doc.aspx?mcl-700-2103. Details and context often affect the validity and usefulness of an answer that is based on a general statement of the law. You may need to consult directly with an attorney and provide additional information in order to get the best answer.