When a person dies without a will, their estate undergoes a process called intestate succession. This often leads to questions about whether probate is still necessary. Here’s what intestate succession means and how it relates to probate.
What is intestate succession?
Intestate succession occurs when someone dies without a valid will. In this situation, state laws determine how the distribution of the deceased’s assets will go. These laws vary by state but generally prioritize close relatives like spouses, children and parents. Understanding these laws can help families know what to expect when a loved one passes away without a will.
Does intestate succession involve probate?
Yes, probate is usually required even in cases of intestate succession. Probate is the legal process of settling a deceased person’s estate, which includes validating any existing will, paying debts and distributing assets. Without a will, the court appoints an administrator to oversee this process. The administrator’s role is similar to that of an executor named in a will, ensuring the estate is handled according to state laws.
How probate works in intestate cases
Probate in intestate cases begins with appointing an administrator. This person is often a close relative. Once appointed, the administrator gathers the deceased’s assets, pays any outstanding debts and distributes the remaining assets according to state intestacy laws. For example, in California, specific sections of the California Probate Code govern intestate succession and outline the order of inheritance and the share each relative receives.
Why understanding intestate succession matters
Knowing how intestate succession and probate interact is crucial for families. It helps set expectations about the process and timeline for asset distribution. While probate can be time-consuming and costly, understanding the legal framework can ease stress and confusion during a difficult time.
Facing intestate succession after a loved one’s passing can be overwhelming, but understanding the probate process can help ease the journey. While the absence of a will means the estate will follow state laws for distribution, working closely with the appointed administrator and possibly seeking legal advice can ensure a smoother process. By staying informed and involved, you can help honor your loved one’s legacy and provide clarity for your family during this challenging time.