What is Intestacy?

What is Intestacy?

If a person dies without a will and possesses property with a value greater than their outstanding debts, their estate goes into a state of intestacy. Moreover, if a will only partially covers the state, then the remaining state also goes into a state of intestacy. Either way, the probate court takes over and distribute the assets. 

Usually, the estate goes first to the surviving spouse, then children, and then to the descendants and extended family — following the state’s law. In case there’s no heir, the assets come back to the state.

Understanding Intestacy

Intestacy laws in the US vary by state and are very complex. Some states don’t have outlined statutes explaining domestic partners’ rights, especially if they’re the same sex. Various other states ascertain that all domestic partners are legally equal to spouses.

Most states have laws that ensure that people who badly behaved with the deceased won’t get a share in the inheritance. For instance, a person responsible for the person’s death, or a person who didn’t pay child support money for the kid who passed, cannot get a share.

Generally, courts divide life-insurance money, real estate holdings, bank accounts, securities, and the dead’s personal property after all the debts are paid.

A probate court in the state law determines who’s the executor. Usually, they select the surviving spouse. After them, there are adult children on the list. As a personal representative, the individual has to go through a lot of work in a short time span. This gets frustrating, especially if heirs dispute the property or contest the will. In addition, a personal representative is held liable for any claims of mismanagement and fraud by the heirs.

Importance of a Will

You must make a will, or have it made on your behalf by a qualified estate lawyer so that you can ensure that your loved ones and friends receive and inherit your estate upon your death. It will also help you avoid the intestacy and probate process relieving your heirs and loved of stress and anguish.

If you’re looking for a probate or will attorney in Harris County, Houston, TX, get in touch with Mike Massey Law. Their team of qualified and experienced lawyers can help you get through the emotional process of will and inheritance with ease.

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