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What happens when there is no will?

On Behalf of | Jan 24, 2025 | Estate Planning

When someone dies without a will, the process of distributing their assets can become complex. Without clear instructions, the court steps in to determine what to do with the estate.

The role of intestacy laws

Intestacy laws determine how a court distributes a person’s estate when they die without a will. The laws prioritize spouses, children and close relatives, and the court follows these rules to divide the estate.

If the deceased person did not leave a will, the estate will go through probate under the rules of intestacy. Intestacy laws in Pennsylvania state that if a person dies without a will, their spouse’s share depends on whether the deceased had living parents or descendants, such as children and grandchildren. If the deceased does not have relatives, the spouse inherits all the intestate property.

How the court distributes the assets

When no will is present, the court distributes the estate based on the family structure. If the deceased was married and had children, the estate may be split between the spouse and children. In some situations, the spouse receives a portion, and the court divides the remainder among the children. If there is no spouse, the children inherit everything. If there are no children or spouse, other relatives such as parents or siblings may receive the estate. If there are no relatives, then the entire estate will go to the Commonwealth of Pennsylvania.

It is important to remember that these laws may not always reflect what the deceased person would have wanted. This is why some people choose to prepare a will to direct asset distribution.

Administration of the estate

When someone dies without a will, the court appoints an administrator to manage the estate. This person, often a close family member or someone the court names, carries out tasks like paying off debts and distributing assets. The process can take longer without a will since there is no guide for the administrator to follow. In some cases, disagreements can arise, especially if multiple parties claim the right to inherit.

The absence of a will can create confusion and delays, which is why planning can offer clarity. One can consider contacting an attorney to guide them through the process. The attorney can also help prevent disputes and streamline the administration of the estate.