Oct 15, 2024
Probating an estate without a will is also known as intestate probate. Here is a general overview of the process:
Identify the assets and debts of the deceased person. This may include bank accounts, real estate, investments, personal belongings, and liabilities such as loans or mortgages. In the absence of a will, state laws determine who the rightful heirs are. Typically, the surviving spouse and children are given priority followed by parents, siblings, and more distant relatives. It may be necessary to contact family members and inform them about the situation.
The next step is to file a petition with the probate court in the county where the deceased person resided. The court will appoint an administrator to manage the estate. The administrator is usually a close family member or trusted individual willing to take on the responsibility. Depending on local laws, it may be necessary to publish a notice in a local newspaper to inform potential creditors about the probate proceedings. Additionally, the administrator should notify known creditors directly. The administrator is responsible for locating, securing, and valuing the assets of the estate. This may involve contacting banks, financial institutions, and other relevant entities to obtain necessary documentation.
The estate debts, including funeral expenses, outstanding bills, and taxes, should be paid from the assets of the estate. The administrator must ensure the obligations are settled.
After all debts and expenses have been paid, the remaining assets are distributed among the rightful heirs according to the laws of intestate succession. The administrator is required to provide final accounting to the court, detailing all financial transactions and distributions made. Once the court approves the accounting, the estate can be officially closed.
The probate process can be complex, and it's advisable to seek legal guidance from an attorney specializing in probate law to ensure compliance with local laws and regulations.
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Cloud & Willis, LLC is headquartered in Birmingham with offices in Bessemer, Mobile, Atlanta, and Nashville. Our attorneys focus in the areas of Business Law, Creditors’ Rights, and Real Estate Law.