There are two different general paths for an estate to take through probate court. The first involves probate proceedings guided by an estate plan. When the decedent had the foresight to draft a will or fund a trust prior to their passing, the documents they established determine what happens with their property.
When there are no estate planning documents on record or the documents are not legally valid, a different approach becomes necessary. Specifically, the heirs of the decedent have to wait for the courts to review the estate and approve asset distribution in accordance with intestate succession laws.
Intestate succession essentially involves the distribution of property without testamentary documents. The first step during probate proceedings is to resolve the financial obligations of the deceased. The distribution occurs after settling debts and paying taxes.
Who inherits from an estate when a testator did not establish a thorough estate plan?
Close family members have rights protected by law
Intestate succession statutes specifically protect those closest to the deceased individual. Those with the strongest rights include the spouse, parents and children of the decedent. When the deceased individual had a spouse but no children or surviving parents, their spouse may inherit the entirety of their estate.
Otherwise, they may have to divide the estate in a specific manner with the other close family members of the decedent. Both parents and children may have a partial interest in the estate. When there is no surviving spouse, then the children or parents may inherit a larger portion of the estate.
If the decedent lacked parents, a spouse and children, more distant family members may ultimately receive their property. In the rare scenario in which the state cannot identify any surviving family members, the assets in their estate may eventually become the property of the state itself. Even when state law dictates what happens to property, a personal representative appointed by the courts has to oversee estate administration and handle the responsibilities and resources that belong to the decedent.
Searching carefully to locate any existing estate planning documents can help prevent a scenario in which generalized state statutes, instead of the wishes of a deceased individual, determine what happens to their property. Information about the two main approaches to probate can be beneficial for those expecting to inherit and those who must assist with estate administration.
