When a relative dies without a will, the law of the state where that relative lived determines how the estate's assets are distributed.The proceeds of a life insurance policy can be distributed without going through the courts.If you want to claim an inheritance without a will, you must go through the courts.
Step 1: Determine your state's limits.
Smaller estates with assets below a certain threshold can have simpler procedures.If you want to learn more about your state's simplified procedures, you can check their website.Legal websites have information available.Nolo gives a summary of each state's law on simplified procedures for small estates.California residents can take advantage of simplified procedures if the estate is less than $150,000.In Connecticut, the estate must be worth $40,000 or less.In New York, the value of any real estate is not counted when determining whether the estate qualifies for simplified procedures.
Step 2: You can search for forms.
If the estate qualifies for simplified procedures, the courts usually give you basic forms to fill out.The clerk of court in the county where the person lived can give you the forms.The forms may be available online.Under oath, all beneficiaries must state that no will exists and no debts are owed by the deceased person.You need to list all of the deceased person's assets and propose how they will be divided.Depending on your state, you may need to file additional affidavits or sworn statements from other individuals who are not beneficiaries to the estate.When using simplified procedures, you don't need the agreement of all the deceased person's beneficiaries, unlike the full legal process.
Step 3: Consider working with an attorney.
Although the simplified process is designed so that you don't need an attorney, you may find attorney's assistance beneficial in preparing the initial forms.Although no particular legal expertise is required to fill out the forms, an attorney can make sure they are filled out correctly and that you have included all legally required information and documents.If you're concerned about the cost of hiring an attorney, you might look into services from your legal aid office.You can find a law school clinic that provides free or reduced-cost services if the school is nearby.You can find out if an experienced attorney is willing to give you a reduced rate to look over your documents after you've prepared them.
Step 4: You should file your forms.
You have to file the forms with the clerk in the county where the person lived.A death certificate or a receipt for funeral expenses may be required by the court.To petition for simplified administration of the deceased person's estate, you will have to pay a filing fee.Even if the deceased person had property in another state, the state where he or she died has control over his or her estate.
Step 5: Receive your order from the court.
If everything is in order, a judge will issue an order for the assets to be distributed.The benefit of being able to use simplified procedures is that assets don't have to be distributed according to your state's laws of intestate succession, which would govern estates when the deceased person left no will.You can file the affidavit with the death certificate in some states.Almost immediately, estates can be settled using the simplified procedures.It may take a few days or weeks to involve the courts.
Step 6: The estate should be given according to the order.
The order transfers ownership of the estate's assets to the beneficiary of your petition.If you dispose of any real property, you will need to record the order at the county recorder's office.The order does not complete the full legal transfer of some other property such as vehicles, but can be used as proof of a transfer when you get new registration and tags for the vehicle you inherited.
Step 7: Take a look at your state's law.
When a person dies without a will, each state has different procedures and requirements to distribute their estate.You can find information about your state's law online.Summaries of state law can be found on general legal sites.FindLaw has a directory of the law for all 50 states.Regardless of whether a person leaves a will or not, the court generally oversees the distribution of assets.There are guidelines for who should inherit the person's assets if there is no will.There are certain types of property that don't have to go through the courts.The money in a joint checking account would become the property of the surviving spouse.Funds from a life insurance policy, retirement plan, or other account will go directly to the named beneficiary without a court process.The property that was held solely in the name of the deceased person must be distributed through the court process.If the deceased person had real property in another state, that property will be distributed according to the law of the state where it is located.All of the property of a person who dies without a will will go to his or her surviving spouse.If there is no surviving spouse, the person's property goes to their children in equal shares.Intestate succession laws can get complicated if there is no surviving spouse or children.If the deceased person's children have children of their own, those children may inherit at least a portion of what their parents would have.
Step 8: Choose a person to look after it.
You can find a list of people who are eligible to be the administrator of an estate with no will in your state's law.The function of this person is the same even if they are called an administrator or personal representative by the state.If you are asked to be an executor, keep in mind that the process can take months or even years depending on the size and complexity of the estate.If someone dies without a will, the state usually appoints a personal representative for the estate.A close family member of the deceased can request an appointment.The will must be sworn in by the court.The court gives the executor paperwork that allows him or her to act on the deceased person's behalf.The estate's bills and debts are paid by the executor, who then distributes the remaining assets to the heirs.If a person leaves behind children, the court may appoint a guardian.
Step 9: There is a death notice.
The public notice of a person's death is the first duty of the executor.The legal notice section of the local newspaper is where the death notice should be published.In states where public notice is required, anyone with a claim against the estate has a specified period of time to file.No other claims against the estate will be accepted or paid after that.
Step 10: Consider working with an attorney.
It is possible to ensure the estate is distributed more efficiently if you hire an attorney.According to the letter of the law, an attorney can ensure that you're complying with all the state's legal requirements.If you are the executor, you shouldn't worry because attorney's fees are paid out of the estate.If you are a beneficiary who believes you're entitled to an inheritance, you won't have to hire an attorney if the person died without a will.You would receive any inheritance you were legally entitled to, because the estate will be distributed according to the law.
Step 11: Take inventory of the estate.
The inventory must include the debts and assets.The value of a property can be determined with the help of an appraisal.If the deceased person had antique furniture or collectible items, the executor would need to find someone with knowledge and experience in valuing those things to issue an appraisal of their value.
Step 12: The estate's bills and taxes should be paid.
Debts owed by the deceased must be paid out of the estate's assets before you can claim an inheritance.Each state has a list of priority claims against an estate.Estate administration costs such as appraisal fees, court fees and attorney's fees are usually paid first."Get-Married-in-Las-Vegas-Step-3.jpg" is a small URL.If there aren't enough liquid assets such as cash to pay the bills, the executor must sell off real or personal property.
Step 13: The remainder should be distributed.
Your state's intestate succession laws will determine the distribution of your remaining assets.Identifying the heirs is the first step in distributing the assets.In many cases, the heirs of a deceased person are easy to identify.It is more difficult to find heirs in some cases.The remaining assets of the deceased will be taken over by the state if no heirs are found.If a close relative of yours has died without a will, you should make your presence known to the executor as soon as possible so he or she can keep you in mind.It is not possible to claim an inheritance if there is someone more closely related to the deceased person.An heir must have been alive for several days before he or she can inherit the deceased person's property.The inheritance would become part of the heir's estate if he or she died a few weeks after the other.Children born to unmarried parents can inherit from their mothers, but not their fathers unless there is proof of a relationship, such as a court order or a certificate.