Estate planning is based on the idea that preparing in advance for the distribution of your assets and property after your demise is the best way to ensure peace of mind for your family when you are gone. Effective estate planning can not only maximize the value of your estate’s assets, but will also minimize the amount of stress and administrative work your family will have to go through in what is sure to be a difficult time.

But sometimes, despite our best intentions, things don’t work out as planned and the end of life comes before final estate planning preparations are in place.

Yet although it is certainly preferable to have a Will in place, it’s not the end of the world if a family member or loved one has passed away without a legal Will. In fact, this occurs far more frequently than you might think, and every jurisdiction has laws and procedures in place to guide the distribution of property and assets when a legal Will is not available.

The process called ‘intestate succession’ is triggered when a person dies without a will. Although every estate is different, in most cases, property is distributed first to the deceased person’s spouse and any children. If the deceased person is neither married nor has any children, the estate’s assets will be distributed to other family members. In the instance that no living relatives can be located, as a last resort, the property is usually claimed by the state.

If one of your family members or loved ones has passed away without a legal Will, you can speed the estate distribution process by seeking out the services of a qualified estate attorney. Your attorney will be able to act as your advocate in the intestate succession process and explain each procedure to you.

Legacy APC, A Trusts & Estates Law Firm is a member of the American Academy of Estate Planning Attorneys.

Tags: intestacy

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